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You are in: Home Page | Personal Injury | Medical Negligence Claims | Surgical Errors

Compensation Claims for Surgical Errors

Introduction to Surgical Errors
  About Surgical Errors
Types of Surgical Error Claims we can deal with
  Some of the most common types of surgical error claims
Surgical Error Claims we have dealt with
  Examples of Successful Surgical Error Compensation Claims
Starting a Surgical Error Compensation Claim
  How to start a compensation claim after being the victim of a surgical error

Introduction to Surgical Errors

About Surgical Errors

The vast majority of operations performed in the UK are extremely successful; however, occasionally mistakes are made at the expense of the patient.

Undergoing surgery is stressful enough without finding out that something has gone wrong during the operation. If you have been harmed by the negligence of a surgeon, you may be able to make a personal injury compensation claim.

This page is intended to provide basic information about clinical negligence claims for surgical errors.  If you cannot find the information you require here, telephone us on 08000 224 224 for assistance or complete one of our online personal injury compensation claim forms.

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Types of Surgical Error Claims we can deal with

Some of the most common types of surgical error claims

Below, you will find details of some of the most common cases of Surgical Errors we deal with:

Anaesthetic Awareness
Complications of Hysterectomy Procedures
Cosmetic Surgery Medical Negligence
Failed Sterilisation Compensation Claims
Ian Paterson - Breast Surgery Errors
Implants
Laparoscopic Cholecystectomy Claims (Keyhole Surgery)
Rob K Jones - Royal Cornwall Hospitals NHS Trust
Silicone Implants

We also deal with many other types of medical negligence claims relating to surgical errors.  For more information, contact us by telephone on 08000 224 224 or complete one of our online compensation claims forms.

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Surgical Error Claims we have dealt with

Examples of Successful Surgical Error Compensation Claims

Bicep tendon accidently divided during surgery

Thompsons Solicitors' specialist clinical negligence lawyers helped a former soldier who suffered a career-ending injury during surgery.

John Thompson suffered a dislocation of his left shoulder whilst playing rugby for the Army and continued to suffer with pains to his shoulder; therefore he underwent surgery, performed by an Army Surgeon.

During the course of the surgery Mr Thompson’s biceps tendon was accidentally divided. As a result he had ongoing problems with his shoulder which required further surgery. Mr Thompson’s situation did not improve and eventually he was medically discharged from the Army because of a permanent disability to his left shoulder.

He was awarded £190,000 compensation for the injury, loss of earnings and earnings capacity and loss of pension, after being discharged from the Army.

You can read this story in full by visiting our News Desk.

Bowel damaged during operation to remove ovarian cyst

Adrienne Adamson was diagnosed with ovarian cysts and had an operation to remove them. She became ill days later because the bowel had been damaged in the operation; she was referred to another hospital and given a life-saving colostomy operation.

Usually a colostomy is reversed within 3-6 months. However, the wound became infected, the colostomy deteriorated and had to be repeated and was still infected seven months later. Soon afterwards, Mrs Adamson developed symptoms of rheumatoid arthritis which meant that she could no longer have surgery to reverse the colostomy.

The hospital admitted liability for not recognising that she was developing the signs of bowel damage in the days following the original operation or referring her to another hospital earlier, and initially offered £5,000 to settle the claim. The settlement of £200,000 was reached a year later after the case had been listed for trial by Thompsons' specialist clinical negligence lawyers.

You can read this story in full by visiting our News Desk.

Bile Duct Severed during Gall Bladder Operation

Thompsons' specialist clinical negligence lawyers helped a victim of a surgical error claim a six-figure sum after his bile duct was damaged.

Stuart Duncan was discharged from hospital after having keyhole surgery on his gall bladder but became very unwell and was taken back into hospital by ambulance.

The mistake was realised after he underwent exploratory surgery but by this time septicaemia (blood poisoning) had already set in and Mr Duncan suffered from multi-organ failure.

Due to his injuries Mr Duncan couldn't work after his accident therefore the compensation was vital for him.

You can read more about this story by visiting the BBC website.

Unsuccessful Knee Replacement Operation

Our client was due to undergo a total right knee replacement. Shortly prior to surgery, she was advised that a half knee replacement would be more suitable. However the surgery was not successful and our client suffered ongoing pain and stiffness.

As the surgery took place as part of a waiting list initiative there were a number of potential defendants, the consultant who carried out the surgery, the private hospital where the surgery took place, the Trust who employed the consultant who carried out the surgery and the Trust who have been in charge of our client’s treatment up until the date of the surgery. The issues concerned firstly the consenting procedure at the time of surgery and secondly the standard of care at surgery.  Following surgery x-rays showed excessive valgus alignment i.e. an over correction of a deformity of the lateral knee compartment.

Our client had to undergo further surgery, a full knee replacement (as originally advised).

Although liability was initially denied, following the service of proceedings, a negotiated settlement was reached in the sum of £48,000.00.

Fracture not fixed properly during surgery

Our client was on holiday when she sustained a tri-malleolar displaced fracture to her left ankle. She attended hospital and underwent an open reduction and internal fixation operation before being discharged home.

She attended her local hospital for review where the Consultant identified that her ankle had not been fixed in the correct position during her surgery. Further revision surgery was carried out 7 days after the original injury occurred. Our client remained in hospital for 1 week before being discharged home.

Our client attended physiotherapy and after a 3 month period was able to undertake normal day to day activities. It was 6 months before she was able to return to work where she remained on light duties for a further 3 months. She continues to experience some tenderness and swelling in her ankle to date. It was the opinion of our expert that as a result of the inadequate first operation and the need for further revision surgery her symptoms are 25% worse than they would have originally been and her period of recovery took an extra 3 months.

Breach of duty and causation were denied and court proceedings were commenced. After disclosure of records and exchange of witness statements the defendants changed their stance and settlement was negotiated at £15,000.00.

A particular evidential difficulty with this case was the x-rays taken at the first hospital after the operation was carried out, were lost. This potential barrier was overcome by our obtaining a witness statement from the surgeon who carried out the second revision operation. This proved to be highly persuasive evidence.

Failed Sterilisation Compensation Claim

Our client underwent a laparoscopic sterilisation in November 2004. However in December 2005 she learned that she had fallen pregnant. She had an uneventful pregnancy and went on to give birth to a healthy child. In December 2006 she underwent a further sterilisation operation.

We obtained supportive medical evidence from a Consultant Obstetrician and Gynaecologist and a letter of claim was sent to the defendants. We alleged that the sterilisation operation had been negligently performed, as the Filshie Clip that was applied to right fallopian tube had been incorrectly applied by the surgeon and failed to block the tube as intended.

Breach of duty and causation was denied by the hospital Trust and court proceedings were commenced. The defendants opened negations regarding settlement before their defence had been filed. Settlement was negotiated at 27,000.00.

We have also dealt with a case involving Surgery Resulting in Nerve Damage and a Radial Nerve being severed during Surgery.

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Starting a Surgical Error Compensation Claim

How to start a compensation claim after being the victim of a surgical error

If you or anyone you know has suffered from any form of clinical negligence, telephone us now for accurate claim advice.

There are strict time limits in place to make any personal injury claim. For further information, contact us or visit our Questions Answered page.

Thompsons Solicitors are experts in all matters relating to clinical negligence and will be able to advise you as to whether or not you have a valid compensation claim. Our specialist clinical negligence lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have.

Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.

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