A Guide to Claiming Minor Surgery Injury Compensation
Updated: Sep 2, 2019
In the following article we explain everything you should know about making a successful minor surgery injury compensation claim.
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?
Medical negligence claims differ from personal injury claims as the following will need to be established:
- there was a breach of duty ("negligence" or "fault"); and
- the breach of duty was the cause of your injury, damage or loss ("causation" or "avoidable harm").
Breach of Duty
A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.
To establish causation, it will need to be demonstrated that the injury you suffered resulted from the negligent care rather than the underlying condition.
Get an impartial opinion
To get impartial advice on whether you have a claim, speak to a minor surgery injury claim expert on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
Is compensation always payable?
If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an "undesirable outcome".
Not all treatment that results in an undesirable outcome will result in the payment of compensation.
Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a minor surgery injury claim on their own behalf.
How long do I have to start a claim?
If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.
It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.
What if your injury was diagnosed months or years after treatment?
You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.
The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).
It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.
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 .
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.
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.
The amount of money you could claim for your minor surgery injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your minor surgery injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in general damages and special damages.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
See a list of what you can claim for:
Examples of special damages include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Find out what your claim could be worth now
Assessing a claim's value at the outset can be complicated.
If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.
Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.
Caring and sensitive support
Your solicitor will handle your minor surgery injury case from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How does no win, no fee work?
With a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make a minor surgery injury claim without having to pay upfront legal fees. If your minor surgery injury claim is unsuccessful you won't have to pay any money to your solicitor.
No win, no fee guarantee
If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of claiming compensation for your minor surgery injury.
What do I pay if I win my minor surgery injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my minor surgery injury claim?
If your minor surgery injury claim is not successful then you do not have to pay any legal fees whatsoever.
How can Quittance help?
Our highly experienced panel of solicitors have an excellent track record of winning medical negligence claims. Your solicitor will fight for the best possible compensation settlement for you.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:Call me back
No Win, No Fee
to start a claim
Minor Surgery Injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
How long will my claim take?
The length of time needed to secure compensation can vary considerably.
For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.
Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.
Taken from average case times, this table sets out approximately how long personal injury claims take to settle:
Personal injury claim type
Estimated claim duration*
4 to 9 months
6 to 9 months
12 to 36 months
12 to 18 months
6 to 9 months
3 to 4 months**
12 to 18 months**
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an interim compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert