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A patient’s safe journey through surgery depends on proper anaesthetic, surgical and peri-operative medical care. The patient must be supported in making their treatment decisions with informed consent and kept safe with appropriate advice and follow-up when they leave the hospital after their operation.
When a patient is seriously injured as a result of delayed or negligent surgical treatment or advice, they may be entitled to claim compensation.
Get in touch with our experienced medical negligence solicitors - we can help.
For more than 30 years, Boyes Turner's medical negligence solicitors have guided injured patients through the claims process to secure the compensation and specialist support that they need to manage their disability and rebuild their lives after negligent NHS and private surgical care.
You can contact us by telephone or by email for free, confidential advice from a medical negligence solicitor. We will ask you to tell us briefly about your injury and your medical and surgical care, and advise you about your time limits and whether we can help you investigate your claim. Once our investigations confirm you have grounds for a claim, we will notify the defendant healthcare provider (usually represented by NHS Resolution) on your behalf and invite them to respond, giving them an opportunity to admit liability (responsibility for your injuries) before court proceedings are issued.
If liability is admitted, we will obtain a judgment from the court and apply for a substantial interim payment to meet your needs arising from your injury and disability. If the healthcare provider or NHS Resolution deny liability, we will advise you about the best way to proceed with your claim. This may involve issuing court proceedings or inviting NHS Resolution to enter into settlement negotiations or mediation.
Partner, Medical negligence
Our spinal injury specialists obtained a substantial settlement for a tetraplegic client whose devastating condition was caused by a fall from the hospital chair where he was left to sleep after undergoing unnecessary spinal surgery. Our client’s tetraplegia arose from a succession of medical errors after he hurt his neck and was incorrectly advised (owing to a misinterpreted MRI scan) that he needed to have C5/6 fusion surgery.
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I am very grateful and thankful for the support of the Boyes Turner team, especially Julie Marsh, Tara and Mr.Perfect. They were absolutely professional and caring whilst dealing with my late husband's case, which proved to be quite complex. All worked diligently to uncover the truth and bring the evidence to bear. I was continuously informed and felt totally supported throughout the process. So happy I was their client.
Thank you so much Boyes Turner LLP personally for Ben Ireland for being supportive and very professional,can’t thank you enough.It’s was pleasure to deal with to get closure.Wonderful legal knowledge.Highly recommended and appreciate for everything what’s been done.
The team that worked my case we're all friendly and helpful, honest and transparent, just what you need in a legal team. They explained everything in a manner I understand and always kept me up to date on progress. If I need a legal team again I will not hesitate to contact Boyes Turner.
Julie has sharp attention to detail and well organised. All the time was updating me with information and answered to all my questions. Her confidence helped me move forward with my case. The best law firm I could ever had.
Julie marsh and her team have been so professional during this distressing time for me and my family. From day one Julie has been so patient and understanding of my worries and questions and made this very stressful process much less so. The experts Julie instructed have explained symptoms and what to do about them which has helped me and my family massively deal with this disability. I wouldn’t hesitate to recommend boyes turner they have been superb.
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:
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:
Our experienced clinical negligence solicitors have recovered substantial compensation settlements for clients injured by surgical negligence which caused:
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.
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.
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