Surgical Error explained

Article Written By: Ayesha Salim

Most surgeries that are carried out are performed to a high standard, with little or no complaints coming from the patients. However, whilst the vast majority of surgeries are successfully performed to a high standard, on occasion, mistakes do occur, and sometimes these errors can be catastrophic.

As with any form of surgery, there is an element of risk involved. In some cases the element of risk will be intensified with a major surgery. It is the duty of the hospital to inform the patient, before the procedure about any risks that may be involved with the surgery. Therefore, if a complication does arise during the surgery, the doctor may not be liable as the patient would have been informed already about the risk of this happening. However, if you have suffered a mental or physical injury during the surgery, you could be entitled to make a surgery error compensation claim. In order to make a surgical error claim, you have a three year period in which to bring forward your claim. In some cases, the error will not become noticeable until a much later date.

In these circumstances your three year period will not begin on the date of your surgery, but the actual date you became aware of the error and injury. Some types of the surgical errors that can give rise to a claim can include the following:

- Errors with anaesthesia, such as becoming aware during the surgery

- Pieces of equipment being left inside the body, such as swabs

- Performing the wrong type of operation

- Complications with laser eye surgery

- Wrong type of surgery being performed

- Errors in cosmetic surgery

- Damaging any nerves or tissue during the surgery

If you decide to make a surgical error claim, there will be a few hurdles that will need to be overcome. Firstly, it is necessary to show that it was the negligence of the surgeon, or medical practitioner that caused the injury to the patient. The treatment method of the surgeon will be compared to other medical practitioners in the same speciality.

It will have to be shown that no other reasonable medical practitioner in the same speciality, would have performed the procedure in the same way, and that the outcome would have been different, had the procedure been performed in a different way.

The first step you may want to take is to make a complaint to the hospital where you had your surgery, to ensure that the matter is fully investigated. This may result in an explanation, and steps might be taken to ensure that an error like this does not occur again. However, it is unlikely that you will be compensated. Therefore, it will be useful to you to contact a clinical negligence solicitor who will be able to assist you in your case, and advise you on the best way to proceed.

The effects of a surgical error can be quite traumatising, and in some cases you may be psychologically affected. We will provide you with the best legal advice, in order for you to make a decision on how to proceed.

About the Author

Ayesha Salim - UK Lawyers Network Solicitors, surgical error compensation

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