Minor surgical injury compensation claims
Updated: October 8, 2018
As well as operations in theatre, surgical (or invasive) procedures include interventional radiology, interventions related to natural childbirth and interventions performed outside of the surgical environment e.g. central line placement in ward areas.
Any such procedures may carry certain inherent risks and these should always be fully explained to the patient before being performed. For instance where there is a risk that certain organs may be cut or damaged during major internal surgery, then the consequences of this happening should be raised with the patient beforehand.
Once a patient has a proper understanding of the risks and the complications that may arise he may give his clear consent to the operation.
Do I have a minor surgery injury claim?
If you were injured as the result of minor surgery negligence in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.Back to top
Are all risks unavoidable?
Every patient is entitled to expect a reasonable standard of care in the treatment provided to them by healthcare staff and this includes avoiding risks and rectifying errors or incidents if they do occur.
If a mistake was made such as an organ being cut or damaged during surgery and this was not an inherent risk, it may be said that the standard of care has fallen below what was expected and there has been a breach of duty .Back to top
What if an inherent risk occurred but was not rectified?
If a patient does incur injury it should be expected that any problems be rectified at the time, even where the risk is inherent.
Healthcare professionals may fail to identify that damage has been caused or neglect to rectify the situation, causing problems for the patient.Back to top
When may claims be brought for medical negligence?
All surgical procedures come with some risk. Wound infections and scarring can occur without any medical negligence having taken place. Similarly, dissatisfaction with the results may be no-one's fault.
If it can be demonstrated that the medical professional was negligent in his care of the Claimant and that suffering was caused as a result, then the Claimant may be able to pursue a claim for medical negligence.
In the case of a patient receiving minor cuts and injuries during a surgical procedure a claim may be brought where one of the following has occurred:
- He was not informed of the risk of such an incident occurring
- He was not informed of the extent of the damage that such a risk could cause
- Inherent risks were not spotted where they should have been done
- Inherent risks were not rectified at the earliest opportunity
Any medical negligence can have a detrimental effect on a person. A procedure that was expected to improve health and well-being may instead have become a source of pain or poor health or psychological trauma.Back to top
How much compensation can I claim for a minor surgery injury?
The amount of compensation you will receive depends on a number of factors. Our medical negligence compensation calculator provides an accurate estimate of your likely compensation.Back to top
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About the author
Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.
Read more about this Quittance Legal Expert
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