Delay in surgery claims seek compensation when a patient suffers due to a delay in their surgery. The medical negligence of failing to get a patient into surgery can have a lasting effect on their life and could even prove fatal.

If you are ill or injured, the medical team treating you owes you a duty of care. If they breach that duty of care by failing to schedule a necessary surgery, you may have a claim for compensation. 

You bring a compensation claim against those responsible for the failure to provide a duty of care. If a loved one cannot represent themselves, you or their family may be able to claim on their behalf. 

A No Win No Fee medical negligence solicitor can make a delay in surgery claim for compensation when it happens to you.

Speak with the Medical Negligence Team today and find out how much you can claim for your medical negligence claim.

Delay in surgery claims

Table of Content

What is a delay in surgery negligence claim?

A delay in surgery negligence claim is when you seek compensation for an unnecessary delay in your surgery due to medical negligence. It could be an error in scheduling or a mistake by the surgery consultant, but you may have a surgery negligence claim if you suffer as a result. 

When surgery is urgent, it should be scheduled immediately. If your surgery is not urgent, you should not have to wait more than 18 weeks for the operation. Delays in your surgery could be surgical negligence, and you may be able to claim compensation. 

Surgical negligence is when a patient suffers due to a lack of duty of care by the surgeon, the surgical team, or the NHS hospital involved. It is surgical care below a standard that no other surgeon acting professionally would provide.

A delay in surgery may be surgical negligence. When you need surgery, it should be scheduled and performed before you fall ill or your condition worsens. A delay in surgery can cause infection, further suffering, or allow cancer to spread. The potential effects of a delayed surgery can last a lifetime. 

Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid delay in surgery negligence claim for compensation.

Potential effects of a delayed surgery

The potential effects of a delayed surgery can be life-changing and could result in unnecessary suffering or death in tragic cases. The hospital doctor or surgical consultant owes you a duty of care to get you into surgery or refer you for surgery within the 18-week timeframe. 

If you do not undergo surgery on time, there could be a breach of that duty of care. The potential effects of a delayed surgery are many and could be catastrophic to your health. Being referred to surgery can be the first step to helping you fight an illness, and not doing so could be medical negligence. 

The potential effects of a delayed surgery are:

  • Delays in starting treatment for a condition
  • A burst appendix causing infection
  • Brain damage from a stroke
  • Internal bleeding going untreated
  • Damage to the heart due to a blocked artery
  • Unnecessary suffering
  • Birth defects due to a prolonged labour
  • The patient’s condition worsening
  • Cancer spreading through the body
  • Broken bones not setting correctly
  • The death of a patient

The potential effects of a delayed surgery can seriously injure a patient. The doctor or surgical consultant may be responsible for medical negligence, and you could have one of the common claims for delay in surgery compensation.

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Common claims for delay in surgery negligence

Common claims for delay in surgery negligence range from the effects of a burst appendix to delays in cancer treatment to death in some tragic circumstances. Any delay in surgery can affect a patient, but you can claim for surgery negligence if you suffer as a result. 

Delays in surgery may damage the patient’s health and even put their lives at risk. Avoidable delays in surgery may be medical negligence, and you could have a claim for compensation. 

Common claims for delay in surgery negligence:

Common delay in surgery claims

Delay in surgery causes a burst appendix claim

A delay in surgery causes a burst appendix may happen when the surgeon does not schedule surgery in time or forgets to include it on the surgery list for the day. 

The surgeon may misread the scan or think the patient is not in danger and postpone surgery. 

A burst appendix can cause infection to spread to surrounding organs, have the patient in surgery for longer than necessary and prolong their stay in hospital.

Delay in surgery causes cancer to spread claim

A delay in surgery causes cancer to spread, and any delays could make a cancer inoperable. The delay in surgery for cancer may be due to an administrative error or failure by the oncologist to order the surgery.

You could have a delay in surgery claim for negligence if your cancer surgery is delayed due to medical negligence.

Delay in surgery causes unnecessary suffering claim

A delay in surgery causes unnecessary suffering if the surgery is needed for pain relief and to aid a patient’s recovery. 

Any delay going beyond the recommended 18 weeks should not happen and could cause the patient further ill health and mental anguish. 

A delay in surgery negligence claim might be able to get compensation for the unnecessary suffering of the patient.

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Delay in surgery causes sepsis claim

A delay in surgery causes sepsis when the scheduled surgery does not happen on time, and infection begins to spread in the body. 

A simple surgery being delayed could cause the body’s immune system to go into overdrive and trigger sepsis. 

Sepsis is difficult to treat, and delays in surgery can prove fatal when the body cannot fight the infection. 

Delay in surgery causes birth defects claim

Delay in surgery causes birth defects when the obstetrician does not recognise the potential problems with a natural birth. 

A caesarean section may be necessary with a problem birth, and the failure to order surgery may cause a birth defect due to lack of oxygen to the baby. 

Brain damage may happen after a delay in surgery for a problem pregnancy, a delay which could be avoided. 

Delays in surgery negligence cause suffering, the spread of infection and, in some cases, the death of a patient. 

A No Win No Fee medical negligence solicitor can help claim your compensation for delay in surgery negligence if you suffer when you need surgical intervention.

Compensation for delay in surgery negligence claims

You can seek compensation for delay in surgery negligence claims in amounts from the low £10,000s to over £10 million in some cases.

The compensation varies depending on several factors, and delay in surgery negligence claims sometimes see very high awards, such as when a patient passes away or suffers a lifetime of unnecessary suffering and chronic pain.  

Compensation for delay in surgery claims can be: 

  • Delays in surgery due to scheduling error – £12,600
  • Delay in surgery due to failure to take a patient history – £22,500
  • Delay in emergency surgery after test results – £49,100
  • Delay in surgery caused cancer to spread- £128,900
  • Delay in surgery causes birth defects – £1.1 million
compensation claim calculator

All amounts are approximate and are only a guide to what is possible in delay in surgery claims. Figures can be high in some claims as you or a loved one could need long-term care and may face medical bills for life. You may be able to claim for these care expenses and the medical costs in the future. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to delays in surgery. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a delay in surgery claim. They will know from experience what your case may be worth and how to make a successful claim for compensation.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of negligence we will send a letter of claim to the negligent party outlining your compensation claim.

Who is eligible for compensation?

The patient who suffers from complications due to a delay in surgery may be eligible for compensation. They are the ones who have suffered, and the clear medical negligence could lead to the condition going untreated for a time. 

The delays in their treatment could lead to years of unnecessary suffering and the patient’s early death in some cases. 

If a patient passes away due to delays in surgery, the ones left behind may have a claim for medical negligence. 

Loved ones in a medical negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

When you are a victim of medical negligence or have lost a loved one through delay in surgery negligence, you may have a claim for compensation.

What can you claim for when you sue for delay in surgery negligence?

You can claim compensation for any damages that occurred when you sue for delay in surgery negligence. 

There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.

General damages are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to negligence. 

  • Pain is that above what is normally expected for your procedure. 
  • Suffering is the inconvenience and changes to your life that cause you discomfort.
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Special damages include loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future. 
  • Future care costs are for any care you will need as a result of medical negligence. 
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals. 

Be sure to keep payslips, receipts, and proof of any losses you experience due to the medical negligence.  

You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs. 

When you or a loved one suffers from the effects of a delay in surgery, you may be able to claim medical negligence compensation.

medical negligence compensation types
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Who can be responsible for delay in surgery?

A medical professional is responsible for delay in surgery negligence. When dependents bring a claim for any medical negligence, they claim against the NHS Trust or private clinic that employed the medical professional responsible.

The medical professional responsible for delay in surgery negligence could be:

  • The oncologist who failed to refer you to a surgical consultant for surgery
  • The hospital doctor who failed to refer you to a surgeon
  • The surgeon who failed to refer the patient for surgery
  • The surgery team that fails to prep you for surgery
  • The hospital responsible for surgery protocols and NICE guidelines
  • The hospital responsible for hiring suitable medical professionals
  • The hospital responsible for providing patient care
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer more than necessary if they are negligent with that duty of care and do not provide you with a professional service.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your care, the doctor made avoidable errors, which is clear medical negligence. 

By behaving less-than-professionally, the doctor risked the health of a loved one, and the financial and emotional effects could be with you for life.

You can claim compensation for a delay in surgery negligence and get help getting your life and that of the other dependents back on track.

What are the steps involved in making a medical negligence claim?

The steps involved in making a medical negligence claim go from seeking medical advice to issuing court proceedings. 

The steps are a part of any successful compensation case, and settlement can happen at any stage in the process. 

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

Seek medical advice on the injuries your loved one suffered during, before or after surgery, as soon as you realise they experienced medical negligence.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at the case, see where the problem lies, and advise if you suffered due to a doctor’s failure. 

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

Your loved one suffered medical negligence, and you should get all the money due for the suffering to your life caused by the delay in surgery negligence.

Your medical negligence solicitor obtains the medical records with your permission. By reading the records, they will confirm if they think you have a valid medical negligence claim. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the medical negligence in what is known as ‘sending a letter of claim.’ 

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move the compensation claim closer to a conclusion. 

The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms. 

If they admit liability, your delay in surgery claim can be valued, and the two parties will meet to decide on the compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Issuing court proceedings is the next step if they deny liability in your delay in surgery negligence claim. 

Going to court happens, too, when they are not prepared to pay a fair amount for the damages suffered by you or your loved ones. Your medical negligence solicitor issues the court proceedings.  

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

We fight for our clients!

“My pharmacy issued me with quetiapine rather than venlafaxine which had a significant impact on my mental health. Andy, Anthony and the team at Medical Negligence Team were incredibly helpful and obtained compensation for the pain and suffering I endured as well as payment for loss of earnings. They paid all the compensation, 100%, to me. I would highly recommend them.”

Mrs S. R., Peterborough

“Your care and support was outstanding, making me feel supported and reassured and you kept in constant contact with any worries I had explained and swiftly responded to thank you, would recommend highly.”

Mr B.H., Brighton

“Great service and communication from everyone at Medical Negligence Team Law throughout my claim. They handled my claim on a No Win No Fee basis and I received 100% of the compensation recovered.”

Miss A.W , Liverpool

“Medical Negligence Team Law quickly settled my medical negligence claim and I received 100% of the compensation recovered. I would highly recommend them.”

Miss P.R , North Yorkshire

“My late father had a fall in hospital breaking his hip which required surgery. The fall was due to a lack of supervision. Medical Negligence Team won our case and got us the compensation we deserved. We received 100% of the compensation recovered. Many thanks to all the team at Medical Negligence Team. Would definitely recommend them.”

Mr D.C., Nottingham

“Following open surgery in October 2022 I continued to have pain in my wound. It was discovered a piece of drain had been left inside me causing me pain and suffering and the need to have a further surgical procedure to remove it. In June 2023 Medical Negligence Team Law completed my claim and I got 100% compensation awarded. Thank you.”

Mrs B, Hertfordshire

“I am happy to accept the £3,000 compensation, I just want to thank you for helping me with this! Your service has been amazing!”

Miss M.P., West Yorkshire

“Our pharmacist gave my husband the incorrect medication and while on holiday and taking the medication my husband became seriously ill. We had to rush home from Spain as a result of this. Medical Negligence Team recovered the costs for our abandoned trip and compensation for the pain my husband endured while he was recovering. They were very friendly, responsive and we received 100% of the compensation with no deductions.”

Mrs A.P., Worksop

“I needed surgery to remove an ovarian cyst. The NHS did the wrong operation first time round and they drained rather than remove the cyst. I then had to have a further operation to do the operation they should have done first time round with significant pain in between as the cyst came back. Medical Negligence Team quickly settled my claim. I received 100% of the compensation and was delighted with the service and communication throughout. They really are medical negligence experts”

Mrs T.S., South Yorkshire

“I required Tegretol medication for my underlying epilepsy and nocturnal seizure control but my pharmacy gave me something completely different by mistake. As a result after many years of having no seizures I had a number of seizures, a fall and needed time off work. The Medical Negligence Team got me the compensation I deserved including money for lost wages. They also paid 100% of the compensation to me with no deductions.”

Mr J.B., Kent

“Medical Negligence Team Law quickly settled my claim. They were friendly and helpful throughout the whole process and above all I received 100% compensation recovered with no deductions.”

Mr S.B., Northamptonshire

“Medical Negligence Team Law won my pharmacy negligence claim and I received 100% of the compensation recovered.”

Mr G.P. , South Yorkshire

“A leaking IV iron infusion caused permanent staining to my arm. I received £13,000 compensation,100% with no deductions. Would recommend Medical Negligence Team to anyone.”

Mrs R. R., South Yorkshire

“I fractured my wrist and Barts Hospital Trust in London failed to arrange appropriate follow up in the fracture clinic and as a result my surgery was delayed. Medical Negligence Team Law obtained all my medical records and radiology and quickly settled my claim. I received 100% of the compensation recovered with no deductions”

Mrs C.M., London

“My pharmacy incorrectly gave me fast acting insulin causing problems with my blood sugars which made me very unwell for one month until the mistake was discovered. Medical Negligence Team Law quickly settled my claim and I received 100% of the compensation with no deductions.”

Mr G.W. , Lincolnshire

Make a medical negligence claim on behalf of a loved one

Yes, you can make a medical negligence claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.

A delay in surgery claim is a perfect example of claiming on behalf of a loved one. The medical negligence could take a loved one’s life or leave them unable to make a claim.

Your loved one depends wholly on you and the family for care and to fight for their rights. By making a claim on their behalf for medical negligence, you are fighting for the compensation they deserve.

A parent can make a medical negligence claim on behalf of a child while they are still under 18. In some cases, the diagnosis of medical negligence is not made until a child is in their late teens. The child’s parents can make a compensation claim when the child is under 18, but the young adult can make one until they turn 21. 

A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for the delay in surgery.

Surgical negligence claim

A surgical negligence claim is when a surgeon carries out surgery below acceptable standards. Surgical negligence is carrying out a surgical procedure at a level below what is expected by a medical professional.

There are many types of surgical negligence, ranging from delays in surgery to bad scarring, nerve damage and perforation of organs. 

When you are a victim of surgical negligence, you may be able to sue for compensation. Surgical negligence happens often, and it can be very upsetting to learn that you or a loved one has suffered due to medical negligence by a surgeon. 

Medical negligence is medical care below that any other medical professional acting at an acceptable level would provide. In a surgical negligence case, the NHS hospital or private care clinic has not provided you, your father, mother, son, daughter, husband, or wife with an acceptable level of medical care, resulting in surgical negligence and its effects. 

Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid surgical negligence claim for compensation.

Surgical Negligence

How long do I have to make a claim for medical negligence?

You have three years to make a claim for medical negligence. All medical negligence claims are subject to limitation periods. 

For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the medical negligence claim. 

If someone has passed away, it is the date of death if the limitation period has not expired at the date of death. 

Children not under a disability typically have until they reach 21 to start a medical negligence claim or court proceedings. 

Persons with a disability, who lack capacity, are not subject to any limitation period.

Using a No Win No Fee medical negligence solicitor

Using a No Win No Fee solicitor is the only way to a successful medical negligence compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees. 

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor. 

You are the one who suffered due to the delay in surgery, and you deserve the compensation to get your life back to normal.

Using a No Win No Fee solicitor

Can I make a medical negligence claim against the NHS?

Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the lack of duty of care.

Delay in surgery negligence is a common occurrence in NHS hospitals and clinics. A doctor’s failure to refer a patient for surgery can result in severe infection developing, damage to bones and joints, delays in treatment, cancer spreading and death.

We trust in and use the NHS daily and do not expect negligence. It happens, though, and a ‘Never Event’ such as a doctor’s failure to diagnose is medical negligence, and patients claim compensation for the suffering.

The NHS has a dedicated team to handle medical negligence compensation claims, called NHS Resolution. NHS Resolution has a responsibility to treat patients who seek compensation fairly.

Patients pay for the NHS through their taxes to receive the best medical treatment and may claim compensation when they do not get it. Patients make more than 10,000 successful medical negligence claims against the NHS each year, with amounts in compensation awarded ranging from £1,000 to over £10 million.

Your No Win No Fee medical negligence team solicitor can handle your compensation claim with NHS Resolution and achieve a successful outcome.

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your delay in surgery claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation. 

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim. 

We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases. 

Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered medical negligence and deserve every penny of the compensation claim. 

Contact us at the Medical Negligence Team for all your medical negligence needs.

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