Surgery negligence compensation claims

During surgery or surgical procedures (operations) surgeons use instruments to remove or repair a damaged or diseased part of the body. The surgeon may make an incision (cut), suture (stitch) or physically manipulate the patient’s body, and may fix, graft, remove, tie (ligate) or merely examine structures within the body, depending on the purpose of the operation. During surgery, the patient may need local or general anaesthetic (GA) and ventilation via a machine to help them breathe whilst under GA. They may need support with managing their blood flow (perfusion) if the operation is on their heart. They also need careful monitoring of important indicators of their general condition, such as their heart rate, blood pressure and oxygen levels. These supportive measures keep them safe whilst the operation takes place.

Throughout their care, surgical patients are entitled to:

• clear and thorough personalised information about the operation, its risks and its benefits;
• safe and effective anaesthetic;
• safe surgical technique;
• appropriate management of their health before, during and after the operation;
• appropriate management of complications.

If a patient suffers a serious injury as a result of negligence during any stage of their surgical care, they may be able to claim compensation for the injury that was caused by their negligent treatment.

Where a negligent mistake before, during or after surgery causes serious injury which would have been avoided with correct care, the patient may be able to claim compensation for that injury and its consequences.

Surgical negligence claims often arise from:

• inadequate pre-operative risk assessment, warnings, and consent;
• misdiagnosis, wrong site or unnecessary surgery;
• delays in operating;
• negligent medical or nursing pre-operative and post-operative care;
• negligent surgical technique;
• perfusion (blood flow) errors;
• anaesthetic errors:
  • ventilation and intubation (insertion of the breathing tube);
  • awareness under anaesthetic;
  • anaphylaxis (a severe, potentially life-threatening allergic reaction);
  • resuscitation errors;
  • monitoring errors.

Our experienced clinical negligence solicitors have recovered substantial compensation settlements for clients injured by surgical negligence which caused:

• spinal cord injury;
• brain injury;
• cardiac arrest;
• nerve injury;
• arterial damage leading to amputation;
• bowel injury, peritonitis, and sepsis;
• disability affecting mobility;
• blindness and visual impairment;
• the patient’s death.

When a patient needs surgical treatment, the urgency, severity, and type of injury or condition will determine how the operation should be carried out. Each type of surgery has its own benefits and risks to the patient.

• Day surgery is carried out in one day, without the patient having to stay in hospital.
• Keyhole surgery (also known as laparoscopic or minimally invasive surgery) is performed through small incisions in a patient's skin. The surgeon operates using instruments inserted through a tube with a fibre optic light on the end and a camera which shows what’s happening on a video screen.
• Open surgery takes place through a bigger incision than keyhole surgery, giving the surgeon more space and better visibility to operate, but requires stitching and takes longer to heal.
• Microsurgery procedures use extremely small instruments and powerful magnifying devices, to operate on tiny structures within the body, such as nerves, the bones in the ear, inside the eye or small arteries.
• Elective surgery is non-urgent surgery which is planned in advance.
• Emergency surgery is unplanned surgery for medical emergencies. The operation may take place immediately or during the night where the patient has a serious or life-threatening condition, but usually takes place within 24 hours.

When deciding whether to consent to medical or surgical treatment, patients must be informed of what the treatment involves, any reasonable alternatives, and ‘all material risks’ of the proposed treatment. The patient is entitled to be properly informed and make their own decision, even if there is only a small risk of a poor outcome, complication or side effect or the doctor thinks the risk doesn’t justify refusing treatment.

If a patient is injured by treatment which was performed without their informed consent, they may be able to claim compensation for their injury. In most cases, the patient’s signature on the consent form alone is not conclusive evidence that informed consent was given, but is considered together with other evidence of the conversation which took place when the patient was asked to give consent, such as the doctor’s record of the conversation in the medical notes, the patient’s mental capacity to make decisions, and whether the patient would have refused the treatment if they had been properly informed about its risks.