A guide to obtaining compensation after surgical negligence


A surgical error can have a drastic effect on your life, and it is something no one should have to go through. Whether you’ve been kept off work or your physiological well-being has suffered, it’s important that you get the compensation you deserve. Below, we’ve put together a list of the most common questions about obtaining compensation after surgical negligence.

What can I claim for?

There are a whole range of different surgical negligence cases that you can claim. This is not an exhaustive list, but here are a few of the most common claims:

  • Cosmetic surgery scarring and disfigurement
  • The wrong operation performed
  • Organ/nerve damage
  • Failure to obtain proper consent
  • Infection caused by poor hygiene
  • Retained objects inside patients

How can I make a claim?

To make a claim, you need to speak to a solicitor who will review your specific claim of negligence and see if you have a case.

How can I prove my Case?

The most important thing when making a case is to ensure you have genuine and considerable amounts of evidence. This includes obtaining medical records, of x-rays for example, photos taken at the time of injury, a statement and witness statements. Collecting as much information as you can is the key to a successful case.

It is important you have a record all of your appointments as well as of the treatment and advice offered. Make sure you have an invoice of expenses that have occurred since the negligence. This includes travel expenses, time off work, the cost of any private treatment and any equipment you now use as a result.

How much can I claim?

The amount that you can claim will depend on the extent of your injury, expenses and the impact the negligence has on your current life and will have on your future. Compensation can be claimed for a whole range of expenses, as above, so long as you have your receipts or other evidence.

How long do I have to make a claim?

You have three years to make a claim, as a general rule. This marked from the date your injury was linked to medical error. Once you have started the process, there is no time limit on the case. It is recommended that you claim as soon as you can to ensure you get the best result possible.

The time limits do differ for children. Children are not limited to a three-year time frame, but one will apply as soon as they turn 18, meaning their case will expire when they turn 21. Parents or guardians can claim on behalf of their child.

Will making a claim affect my treatment?

This is very rare, however, it is possible for you to transfer to another hospital if you feel uncomfortable remaining at the hospital you claimed against.

How long will the case take to settle?

This is case dependent, but most are settled within a matter of months. You will receive acknowledgement of the claim within 14 days and a detailed response within four months.

For personal advice, please one of our solicitors at Ronald Fletcher & Co. a who can advise you on your specific case and help you get the compensation you deserve.