How To Make A Wrong Site Surgical Negligence Claim
Last Updated 29th October 2024. If you have been a victim of medical negligence and have suffered from wrong site surgery then you are entitled to claim damages to compensate you for the pain and suffering you have experienced. We are all aware that surgery carries risks but if you go into an operating room expecting one thing and leave the operating room having undergone a completely different type of surgery or surgery on the wrong part of your body then this counts as surgical negligence.
If something like this has happened to you then please read on to find out more about what you can claim. If you decide that you would like to discuss your case further then please call us here at Legal Expert. We will be able to advise you whether your experience counts as medical negligence and explain how you can begin your compensation claim. Call us free on 0800 073 8804.
Select A Section
- A Guide To Wrong Site Surgical Negligence Claims
- What Are The Causes Of Wrong Site Surgery?
- Examples Of Wrong Site Surgical Negligence
- What Duty Of Care Are You Owed By Doctors And Surgeons?
- How Long Do I Have To Claim For Wrong Site Surgical Negligence?
- What Injuries Could You Sustain Due To Wrong Site Surgery?
- How Much Compensation For Wrong Site Surgical Negligence?
- Claiming After Wrong Site Surgery With A No Win No Fee Solicitor
- Useful Links
A Guide To Wrong Site Surgical Negligence Claims
Surgical mistakes can have devastating consequences for the patients involved. Not only do they need to process the fact that the surgery has been completed incorrectly but they may also need to go back into theatre to enable the surgeon to complete the procedure which should have been done initially. The impact of the surgical mistake could be life-changing if for example a healthy limb or organ has been removed or an irreversible procedure has been performed.
As a result of this traumatic incident, you could be able to make wrong site surgical negligence claims if it can be proved that somebody else was to blame for your injury. Pursuing wrong site surgical negligence compensation can be a complex process and we strongly suggest that you find legal representation to help you. If the impact of the injury is very serious, then you may need the compensation money to help with any adjustments you need to make in your life. You may become unable to work or may need ongoing help around the home.
Legal Expert has over 30 years of experience in the field of personal injury and are ready and waiting to help you with your wrong site surgical negligence case.
What Is Wrong Site Surgery?
The wrong site surgery definition essentially describes a surgical procedure that has been undertaken on the wrong part of your body. It can also include instances where foreign objects remain inside your body following a surgical procedure. Although there is no strong defence against wrong site surgery, it can be a complex process to try and identify who is to blame and where the errors were made as part of wrong site surgical negligence claims.
The after-effects of wrong site surgery include not only the recovery from the surgery which was carried out but also future surgical procedures that may be needed to put the error right. The effects of this can be traumatic both physically and emotionally. In most cases you will need the help of a medical negligence solicitor who is experienced in dealing with cases like this to help you secure wrong site surgical negligence compensation.
The Care Quality Commission (CQC) label wrong site surgery as a ‘never event’. A never event is a preventable and serious incident which would not occur if the proper procedures have been implemented. The occurrence of never events may indicate weaknesses within the safety frameworks of an organisation.
Surgery is understood to be a high risk procedure, which is why there are a number of safety protocols and policies in place, to protect the patient as much as possible. If preventive measures have not been carried out and you have suffered from a wrong site surgery error then you are eligible to claim wrong site surgical negligence.
Examples Of Wrong Site Surgical Negligence
Although never event treatment errors should not occur if procedures are followed correctly, human error or carelessness means that there are a high number of wrong site surgical negligence claims every year.
As we have discussed above there are a number of reasons that these treatment errors occur and it could be due to an error in the referral documentation, pre-operative errors or errors made by the surgeon whilst carrying out the surgery. If you have been injured as a result of wrong site surgical negligence then you may be eligible to receive wrong site surgical negligence compensation.
Here are some wrong site surgery examples:
- Carrying out surgery on a healthy limb. This can include arms, hands, fingers, toes, knees and legs.
- Completing surgery on a healthy organ. Compensation for negligence has been claimed previously as a result of surgery being performed on the wrong lung, intestine and kidney.
- Carrying out wrong site surgery on the reproductive organs of women with cases involving the womb, ovaries, fallopian tubes and cervix.
- Removal of the wrong breast in surgery involving mastectomy.
- Carrying out surgery on a healthy bone or healthy arteries and blood vessels, nerves or ducts.
- Patients have also claimed compensation for a perforated bowel if surgical negligence was involved.
Unfortunately, in wrong site surgery cases, the patient often has to undergo further surgery to correct the mistakes that have been made and complete the procedure that should have been carried out in the first place. This can put their health at further risk and emotionally can be very traumatic. It may also mean longer recovery times and a greater loss of income as a result. In the worst case scenario, wrong site surgery can even lead to the death of a loved one.
What Duty Of Care Are You Owed By Doctors And Surgeons?
Organisations such as the CQC and World Health Organization (WHO) work tirelessly to try and prevent wrong site surgical negligence. The WHO has produced a checklist to be used in surgery to try and avoid any further harm occurring as a result of wrong site surgery. These WHO guidelines state the following:
- Any organisations carrying out surgery must appoint an executive and a clinical lead to ensure that the surgical safety checklist is completed.
- Patients must be kept fully informed about their procedure, what it entails and what the risks and side effects may be. Once the patient has fully understood all of the information they must sign a consent form.
- The surgeon should clearly mark the area which is to be operated on prior to the surgery. Any healthcare professionals involved in the procedure should make themselves aware of the patient’s medical history, including any allergies. The surgical team should discuss exactly what will happen during the operation and should all fully understand the specific needs of the patient.
If it can be proved that any aspect of these pre-operative checks were not carried out appropriately then surgeons may find themselves subject to wrong site surgical negligence claims. To learn more about how to get the wrong site surgical negligence compensation you deserve, please read on.
How Long Do I Have To Claim Wrong Site Surgical Negligence?
If you have experienced wrong site surgery (such as the wrong leg being amputated) UK time limits can vary slightly. There can be many causes of wrong site surgery, but the cause shouldn’t affect your eligibility to receive compensation.
If you’ve suffered due to an instance of wrong site surgery then generally, you have 3 years from the date of the incident to make your claim. This is stated in the Limitation Act 1980.
However, there can be instances where this time limit is suspended. For example, with claims involving children, the time limit only begins once they turn 18 years old. Before they reach adulthood, they are not legally permitted to pursue their own claim. However, a litigation friend is allowed to be appointed to do so on the behalf of the injured child.
If the injured party has a reduced mental capacity, a litigation friend claiming on their behalf is their only option if they wish to receive compensation. However, if they recover, they can pursue their own claim. The date they recover is also the start of their 3-year time limit. Before then, the litigation friend can claim without time constraints.
Get in touch with our advisors today if you have any questions.
What Injuries Could You Sustain Due To Wrong Site Surgery?
Surgery is not without risks and as a patient we put all of our trust in the clinical expertise of the surgical team. However, even the smallest of errors can lead to serious health implications. Some of the injuries you may sustain as a result of wrong site surgery can include:
- Removal of a healthy organ
- Surgery being performed on the wrong part of your body
- Severe health implications caused by performing surgery at the wrong site.
- Exacerbation of your current symptoms as a result of wrong site surgery.
- Removal of a healthy body part during an amputation procedure.
If any of these injuries were sustained as a result of medical negligence, you could be able to make wrong site surgical negligence compensation claims.
How Much Compensation For Wrong Site Surgical Negligence?
A wrong site surgical negligence compensation claim can be made up of two heads of loss called general and special damages. Compensation for general damages relates to your injuries or the avoidable harm you suffered, and compensation for special damages is for the financial impact your injuries caused you.
When assessing general damages, legal professionals can refer to the Judicial College Guidelines (JCG). This contains various injuries and gudieline compensation brackets for them. They are not guaranteed figures but can be used as guidelines. It is important to note that psychological injuries can also be claimed.
To help you think about how much compensation different injuries could attract, we have included a table below. Please note that the first row does not come from the JCG.
| Injury | Severity | Compensation Bracket |
|---|---|---|
| Multiple Serious Injuries with financial losses | Serious | Up to £1,000,000 plus |
| Amputation of Arms | Loss of Both Arms | £293,850 to £366,100 |
| Loss of One Arm (i) | Not Less Than £167,380 | |
| Loss of One Arm (ii) | £133,810 to £159,770 | |
| Loss of One Arm (iii) | £117,360 to £133,810 | |
| Leg (Amputations) | Loss of Both Legs | £293,850 to £344,150 |
| Above-Knee Amputation of One Leg | £127,930 to £167,760 | |
| Below-Knee Amputation of One Leg | £119,570 to £162,290 | |
| Kidney | Serious Damage to Both Kidneys | £206,730 to £256,780 |
| Bowels | Loss of natural function | Up to £183,190 |
Wrong site surgery can also cause financial loss. This could be the cost of corrective surgery, lost earnings or the need for rehabilitation costs. If the medical negligence resulted in these financial losses, you could claim this back. Any special damages will require proof. For example, to claim loss of earnings, you could provide payslips.
To discuss any aspect of making a wrong site surgical negligence compensation claim, please reach out to an advisor.
Claiming After Wrong Site Surgery With A No Win No Fee Solicitor
Claiming after wrong site surgery with a No Win No Fee solicitor may benefit you if you would like legal representation without paying any upfront costs. Solicitors that offer you a Conditional Fee Agreement, which is a form of No Win No Fee arrangement, usually won’t ask for any fees upfront or whilst the claims process is underway.
Furthermore, if your medical negligence claim is unsuccessful, the onus is not on you to pay your solicitor for their services. However, if you are awarded surgical negligence compensation, a success fee is deducted from your settlement by your solicitor. To avoid any excess charges, this fee is capped per the Conditional Fee Agreements Order 2013.
If you would like to work with one of our expert medical negligence solicitors on a No Win No Fee basis, feel free to get in touch the following ways and our advisors could connect you:
- Give us a call for free on our 24/7 advice line at 0800 073 8804
- Fill out your details in our online claim form and we’ll call you back
- Pop up to an online claims advisor using our free live chat service
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