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    Botched Operations: NHS surgical errors increased by 70% Since 2019

    13:50, 28/11/2024

    Home » News & Knowledge » Botched Operations: NHS surgical errors increased by 70% Since 2019

    Botched operations carried out by the NHS have risen by more than 70 percent in the past five years, figures have revealed.

     

    According to the numbers, there has been almost 24,000 instances of patients needing extra care as a result of errors in the past year.

     

    Botched Operations

     

    Some of the blunders include using dirty tools, cutting the wrong body part and leaving equipment in victim’s bodies at the end of a procedure. Meanwhile, in many cases, the errors cause further pain, delayed recovery and a further risk of infection.

    Additionally, repeated surgery needed to correct mistakes take up valuable time of staff members and operating theatres, that could otherwise be used to clear the already-long NHS waiting lists.

    Almost 20,000 NHS patients needed further treatment after surgeons accidentally cut the wrong part of their body – making it the most common type of accident. These patients suffered after the NHS professionals ‘unintentionally cut, punctured, perforated or caused a haemorrhage’.

    The number of occasions where doctors have treated a patient suffering from these mistakes has almost doubled in the last five years and rose 13 per cent in the last year alone.

    Meanwhile, other concerns have been raised as NHS statistics show patients are increasingly coming round from sedation to find pieces of equipment have been accidentally left inside them or they were operated on with equipment that had not been sterilised properly.

    Others were not given the proper medication and suffered complications as a result.

     

    ‘Complex operations’

    The NHS has said the increase in issues is the result of surgeons attempting increasingly complex operations, where the likelihood of something going wrong is greatly increased.

    But, health bosses have said there is no executive for accidentally leaving equipment in a patient – and this is known formally as a ‘never event’ which should never happen.

     

    What do the figures look like?

    • On 335 occasions last year when people had to be seen again by medics because an item such as a swab or a needle had not been retrieved from their body at the end of their operation.
    • On 47 occasions patients were left at risk of infection because the equipment used on them had not been sterilised properly.
    • On 132 occasions patients were cared for in hospital after a complication arose because they were not given the proper dosage of medication.

     

    Serious consequences

    Earlier this year, a builder lost his business, his wife and his home after a botched operation left him disabled and unable to work.

    Rodney Winchester, from Thetford, racked up £40,000 of debt and was thrust into poverty after disgraced NHS surgeon Jeremy Parker took out his entire knee joint during an operation.

    The father-of-three had an issue with loose cartilage in his knee and was told he’d need an operation to remove the broken fragments, only to later discover the operation was unnecessary and that steroid injections would have been sufficient.

     

    Swiss army knife used as scalpel by surgeon

    In another shocking scenario, a surgeon at Royal Sussex Hospital in Brighton allegedly use a Swiss Army penknife from his lunchbox to operate on a patient. He allegedly chose to do this after he was unable to find a clean instrument.

    University Hospitals Sussex said the operation took place outside the theatre in an emergency situation, but his actions were ‘outside normal procedures and should not have been necessary’.

     

    Making a claim

    If you have suffered as a result of an error in surgery, you may be entitled to compensation. Whether the error has caused further injury, a delayed diagnosis or affected your recovery time you might be entitled to claim.

    Meanwhile, if a loved one has passed away as a result of negligent surgery, you may be entitled to claim on their behalf.

     

    Types of negligence in surgery

    Your surgery and care should meet certain clinical standards however, any surgical operation represents an element of risk. Even the most routine procedures involve a patient entrusting their life to a team of doctors.

    When a surgical procedure goes wrong due to an avoidable surgical error, the effects can have a life-altering impact, both physically and psychologically to the patient.

    Surgical negligence happens when surgeons or other medical professionals make mistakes during your operation, leaving you with avoidable problems or injuries. This can include:

    • Performing the wrong operation/operating on the wrong body part
    • Leaving foreign objects in the body
    • Failing to inform you about the possible risks of surgery or check your suitability for surgery
    • Injecting too much or too little anaesthesia
    • Causing avoidable nerve damage or injury to your organs.

    Negligent surgical treatment can severely affect a patient’s life, recovery period and in more serious cases result in death.

    If you’ve received negligent surgical treatment which has left you in a debilitating condition or unnecessary pain and suffering, you may be eligible to make a clinical negligence claim.

     

    Who can make a claim?

    The victim of the negligence can bring about a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed.

    In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of surviving dependant if the victim has passed.

    Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected do not hesitate to contact us.

     

    How do I make a claim?

    If you feel that your diagnosis has been delayed, you have been misdiagnosed or that your treatment has been inappropriate then you may be entitled to bring about a claim.

    The team at Oakwood Solicitors will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

     

    How long do I have to make a claim?

    Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

    In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.

    The law surrounding limitation periods is complex, our specialist team will be able to advise further.

     

    How much compensation will I get?

    It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

    • General damages – an award of money for the pain and suffering you have endured as a result of the negligence.
    • Special damages – an award of money for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case-specific.

     

    How will I pay for my case?

    The majority of clinical negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement.

    This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost. If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

    It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

    The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

     

    Further reading

    Negligent surgical operations and medical care – Oakwood Solicitors

     

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    Meet the author

    Jade Glover is a Solicitor in the Medical Negligence team. She has worked for the company for over 9 years and completed her training during that time. She has specialised in Personal Injury clai…

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