For anyone who has undergone surgery in an NHS or private hospital, it can be difficult for the person involved, as well as their loved ones. Anyone in need of surgery would expect to receive an acceptable standard of care from their surgeon. For most surgical operations in the UK, the treatment you receive will be of a high standard of dependability, both during the procedure and your recovery period. Sadly, there are occasions when things go wrong during a surgery, leading to you being injured during the process.
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Should you or a loved one be injured because of a surgical error, then you may have a claim for surgical negligence. Surgical errors that can be shown to be due to a case of negligence may entitle you to claim for surgical error compensation. There can also be psychological pain caused in addition to any ongoing physical pain, so you should seek the guidance of an expert surgical negligence solicitor for further advice on your case.
For patients who have suffered surgical negligence across England and Wales, Hampson Hughes are ideally positioned to assist you to pursue compensation from negligent surgical professionals. Having represented many individuals and families in Liverpool, Manchester, London and further afield, we have a reliable track record in guiding our clients through the legal process involved with surgery negligence claims.
How do I know if I have a claim for surgical negligence?
Surgical negligence cases are some of the most difficult to pursue, as you’ll need to demonstrate that a qualified medical practitioner has behaved in a manner which fell below the reasonable accepted standards for that particular surgery. Given this, the arguments in such a case will likely be highly technical in manner and may revolve around the specific medical details of a complex surgical procedure.
This may sound discouraging, but all it means is that it is important to find an expert surgical negligence lawyer working to prepare your side of the case. They will be able to handle the gathering of evidence, interviewing of independent medical experts, negotiation of settlement and/or representation in court. This level of expert legal support is the best method to give yourself the best possible chance of a favourable outcome in your claim.
For more information on the specific details of your claim, you can contact one of our medical negligence solicitors today by phone or email and we will be able to provide you with helpful legal insight on your eligibility to claim.
What is the time limit on a claim for surgical error compensation?
Surgical error compensation claims have a time limit in line with other medical negligence claims. There are strict rules that apply when it comes to the time limit. These include:
Surgery negligence claims must be made within 3 years of the event’s occurrence
Patients under the age of 18 can in many cases claim through the support of a trusted adult. Alternatively, from their 18th birthday they have 3 years to make a surgical negligence claim
The time limit can in some cases be extended to the date the patient becomes aware of the surgical negligence
These regulations and exceptions apply to surgery negligence claims in the UK against negligent medical professionals. Some cases do come with mitigating factors, so the best way to know if you qualify for a surgical error compensation claim in regards to time limit is to get the guidance from an expert negligence solicitor. At Hampson Hughes, we have a team of surgical negligence solicitors who can advise you accordingly.
Will claiming for surgical negligence affect any ongoing treatment?
At Hampson Hughes, we know that a number of claimants may be worrying about making a direct surgery negligence claim against a hospital they are currently receiving medical care from. Their concern is often that making such a claim could affect their ongoing treatment. On this point, you should note that:
Surgery negligence claims against a hospital do not interfere with the entitlement of the patient to the ongoing medical on offer to any resident of the UK.
Medical professionals – surgeons included – have a duty of care and cannot refuse you medical care on the basis of any existing clinical negligence claims.
If you feel uncomfortable receiving medical care from the hospital or other medical facility involved in your negligence claim, our surgical negligence solicitors can advise on transfer options.
Our solicitors here at Hampson Hughes understand that patients of surgical negligence are often experiencing a difficult time. We, therefore, provide clear and helpful legal guidance on the best legal steps to take. Our expert surgical negligence lawyers will make efforts to advise on accessing medical care in settings and conditions you find suitable. Please feel free to contact us for any information concerning this matter. You can get the ideal legal support for your claim from our team of legal experts.
How much does it cost to make a surgical negligence claim?
One of the other major concerns for many claimants wishing to pursue a surgical error compensation claim is the legal expense involved with the services offered by solicitors. At Hampson Hughes, we understand that many patients and their family members undergo a great deal of financial strain brought about by the impacts of surgical errors. Our surgical negligence solicitors, sensitive to our clients’ circumstances, can offer our legal services on a range of flexible options that can ensure your financial interests are protected.
For most of our clients, we offer our legal expertise on a Conditional Fee Agreement (CFA), popularly known as No Win No Fee model. This option allows you not to pay any solicitors fee if the compensation claim is unsuccessful, ensuring you’re free from financial risk. Since we can recover most of the legal expenses from the defendant, we are able to properly protect your financial interests. We’ll be able to have a look at your case to determine if its circumstances allow us to offer our legal services on the No Win No Fee agreement.
Hampson Hughes can in some cases allow clients to receive legal guidance and representation on various other funding terms. There are cases where the claimant may be in possession of an active insurance policy that may cover you the legal expenses of a surgical error compensation claim. When you consider a claim with Hampson Hughes, our solicitors can check these details with your insurance provider.
How do I find an expert surgical negligence solicitor?
Getting a favourable outcome in any surgical error compensation claim is in part determined by quality and expertise of the legal expert you involve. It is highly beneficial to enlist a reliable and experienced surgical negligence solicitor who can offer the right legal representation and advice for your claim. Claimants in many locations across England and Wales have benefitted from the expertise of Hampson Hughes.
We specialise in many areas of medical negligence claims, including surgical negligence, assisting many clients to seek compensation from negligent surgeons. Our solicitors are available in Bristol, Birmingham, Liverpool, Leeds, London and many other regions. We have gained a lot of knowledge and experience in this legal area, which we our surgical negligence lawyers use to give you the best possible chance of a successful outcome.
Our solicitors work to hold to account any parties responsible for a surgical error that brought recognizable negative impacts to the life of you or a loved one. We work hard to ensure our clients receive a fair acknowledgment and compensation settlement. Our surgical negligence experts provide our legal services in a helpful and personable manner, ensuring you’re informed on the key details of your claim throughout the process.
If you wish to discuss your possible claim with our surgical negligence solicitors, please get in touch with us today. You can call us, email us or fill in our online contact form. We have a legal team who would be glad to answer your initial questions and advise on a possible claim. We are experienced in providing answers to many of the key questions related to surgery negligence claims. Our knowledgeable surgical negligence lawyers can offer advice today on the right action to take with matters regarding surgical negligence.
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