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The vast majority of surgical procedures are completed without incident or harm caused to patients. However, mistakes do happen and if a surgical error has caused you injury, loss and damage you may be able to pursue a claim for compensation.

Types of Surgical Error Claims

A surgical error can occur for a variety of reasons whether it is as a result of sub-standard surgical technique, simple human error, faulty equipment or flawed practices. The types of claim are also varied and examples of negligent surgery claims include:

  • Failed sterilisation procedures
  • Accidental perforation of organs
  • Nerve and tissue damage claims
  • Removal of wrong organ
  • Cosmetic surgery claims
  • Negligently performed laser eye surgery
  • Anaesthetic awareness claims
  • Claims arising from lack of informed consent
  • Wrongful death claims

Making a Claim*

To pursue a claim, the surgical error must have caused you injury, loss and damage. In addition, it must be shown that the surgical procedure was performed below an accepted standard within the medical profession. It will be necessary before proceeding to take up a copy of your medical records and engage an independent medical expert to furnish an opinion on the alleged negligent conduct. The alleged negligent medical professional (and in most cases the treating hospital) will then need to be put on notice of the intention to pursue a claim and legal proceedings drafted setting out the basis of the claim. The claim must be supported by expert medical opinion.

What to Do

The first step is to contact us for a consultation without delay. We have particular expertise in medical negligence claims and will be happy to explain the process to you and offer clear and sound advice relevant to your individual circumstances. We will guide you through the process treating you and your case with confidentiality, sensitivity and respect. Strict time limits apply in making a claim so it is important to seek legal advice as soon as possible.

If you wish to discuss a potential claim or would like advice on any matter, please Contact Us for a consultation.

*in contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award of damages.

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