If you’ve been into hospital and had surgery carried out as a result of an accident, natural deterioration of a body part, or cosmetic surgery, and the surgery wasn’t carried out to your expectations, then you may be able to make a claim. A botched surgery which you can claim for must be a result of medical negligence, and ensuring that you have enough evidence to support your case will ensure that your claim is successful. On average, there are 4.6 million surgeries carried out in England each year, and while the majority of these are successful, there are some circumstances where your surgery could go wrong. Whether you’re looking to claim for hand injury compensation yourself after nerve damage was caused by the surgery, or family are claiming after botched surgery has resulted in the death of a loved one,  there are numerous things to consider. Here, we’ve put together some information that you need to know if you are looking to make a claim after a botched surgery.

Examples Of Surgical Negligence

In order to make a viable claim, you will need to provide evidence for surgical negligence. Some examples of this include:

  • Operating on the wrong patient – While this is a rare occurrence, a breakdown in communication or a matter of poor hospital protocol can lead to surgery happening on the wrong patient. Operating on the wrong patient can be extremely dangerous, and can sometimes lead to increased risks to both patient’s health.
  • Surgical Equipment Left In A Patient’s Body – An all too frequent occurrence, where surgeons leave different types of equipment, such as gauze, scalpels, clamps and more, within the patient’s bodies. This can lead to severe infections in the patient, and can complicate matters further. There have even been examples where this type of surgical negligence has lead to death.
  • Contaminated Surgical Equipment – In some cases, if surgical equipment is not thoroughly cleaned and sterilised, it can lead to a very serious infection within the patient. This is actually a highly likely cause of infection, but it can be somewhat difficult to prove in a case, as surgeries generally have a risk of infection.
  • Incorrect Anaesthesia – Applying too much anaesthesia to a patient can cause oxygen levels in the body to run too low, and this can ultimately cause brain damage. Alternatively, your body could be put under additional stress if you are not given enough anaesthesia and you begin to wake up during the surgery.
  • Nerve, Muscle Or Tissue Damage – A fairly common complaint by patients is that the surgery they have undertaken may have fixed the initial problem, but it has caused another as a result of negligence. A simple slip of the equipment could leave to nerve, muscle and/or tissue damage.
  • Wrong Site Surgery – In some cases, patients have undergone surgery to discover that the wrong part of their body has been operated on, and in some more serious circumstances it can result in death.

Pay Out Of A Medical Claim

The amount that you may receive as a result of a medical claim will be dependant on the type of injury that has occurred, the extent of medical negligence, the amount of evidence you have to support your claim, and the cause. If, for example, you are now in need of high levels of aftercare as a result of a botched surgery, and you are unable to return to work as a result, you will receive a much more significant pay-out than a case where a bed sore occurred due to poor aftercare.

How To Prove Liability

There are three different steps to proving liability and making a successful claim. First, you will need to prove not only that the healthcare provider was negligent but that the treatment that you were provided with fell below the expected level of care that should have been given. Obtaining the correct evidence for this will often need an expert’s opinion. You will also need to prove that any injury you have suffered is a direct result of the treatment by the healthcare provider. In some cases, you may be seeking a significant amount of compensation, dependant on pay, financial loss and suffering. You will need to have a report prepared by an expert in order to ensure that you have all of the necessary evidence to back up your claim.

Understanding how to make a claim after a botched surgery could provide you with a significant amount of compensation. There is normally a three-year time restriction of making a claim, but there are other factors which you will need to consider. Once you have decided to make a claim, make sure to consult a solicitor, who will be able to provide you with the advice that you need to determine whether or not your case is viable.

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