An unsuccessful surgery claim seeks compensation for the effects of a failed surgery on your life. The medical negligence of an unsuccessful surgery may impact your life today and in the future, and you may make a compensation claim for those effects.
You could suffer an unsuccessful surgery when the surgeon fails to remove a tumour fully or they fail to insert the correct stent into an artery. An unsuccessful surgery could make your condition worse and, in some cases, could put your life in danger.
A medical negligence compensation claim can help you pay the extra medical bills, keep your income at the same level as before the surgical negligence, and cover the costs of adapting your home and car if necessary.
You make the surgical negligence claim against those responsible for the unsuccessful surgery and the NHS. NHS Resolution handles all medical negligence claims when you suffer in a NHS hospital.
A No Win No Fee medical negligence solicitor can handle your unsuccessful surgery compensation claim.
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What is an unsuccessful surgery compensation claim?
An unsuccessful surgery compensation claim is the legal process you take when you suffer the effects of surgical negligence. You can claim compensation against the private medical provider or against the NHS Hospital through NHS Resolution.
You may need to undergo further surgery. In some cases, you may need to spend more time in hospital and could need to take extended unpaid leave from work. In severe cases of surgical negligence, you will not be able to return to work after an unsuccessful surgery.
In the NHS, an unsuccessful surgery is known as a Never Event. A Never Event is the medical negligence that would not happen if everyone followed the guidelines issued by NICE. A recent survey found that there were over 370 surgical never events in the NHS between April 2023 and March 2024. It works out at one per day in the NHS and shows the risk to patients undergoing surgery.
A Never Event in surgery, such as failing to remove a cancerous lesion during surgery, can have a devastating effect on a patient and could have a long-term impact on their health.
You could have a medical negligence compensation claim if you suffer an unsuccessful surgery.
Common claims for unsuccessful surgery
The common claims for unsuccessful surgery range from the errors during an emergency to gynaecological surgery negligence and failing to remove a tumour or a suspected piece of skin cancer.
The effects of an unsuccessful surgery could have you off work, needing further surgery and delays to beginning treatment for a condition.
Some common claims for unsuccessful surgery:
Failing to insert the correct stent during cardiac surgery claim
Failing to insert the correct stent during cardiac surgery is a very common type of unsuccessful surgery negligence. The cardiac surgeon inserts a stent of the wrong size, causing an unsuccessful surgery for the patient.
An unsuccessful surgery could also happen if the cardiac surgeon inserts a stent in the wrong artery during surgery.
A surgeon could make an error when inserting the stent in an artery, causing it not to hold and pass through the artery after surgery.
You may have an unsuccessful surgery claim for the effects of the stent surgery negligence.
Failing to complete a vasectomy, unsuccessful surgery claim
When the surgeon fails to complete a vasectomy, the risk of pregnancy increases, which can have an effect on both the man and the woman.
The woman’s life may be put in danger by a further pregnancy, or the financial effects of another child on the household may be hard to bear.
Many men get a vasectomy due to age concerns, and to become a parent at a later stage in life due to a failed vasectomy could lead to an unsuccessful surgery claim.
A No Win No Fee medical negligence solicitor can handle an unsuccessful surgery claim.
Failing to remove a cancerous skin lesion claim
If the surgeon fails to remove a cancerous lesion, they are putting the patient’s life at risk and could be causing a delay in their treatment schedule.
The surgeon and surgical team have full instructions on where a lesion is and which one to remove during surgery.
Types of surgical errors when removing a cancerous skin lesion:
You may have a claim for an unsuccessful surgery due to the effects of the failure to remove a cancerous lesion.
Failing to repair the hernia during stomach surgery claim
Failing to repair a hernia during stomach surgery should not happen, but it does happen in many surgical negligence claims. You spend time in the hospital, but the effects of the hernia are still there after the surgery.
Failing to repair a hernia during surgery could cause:
Your solicitor can tell if you have a valid surgery negligence claim for the failed hernia repair.
Failing to remove a cataract during eye surgery claim
Failing to remove a cataract during eye surgery could have devastating effects on an elderly patient looking forward to regaining their sight after years of living with the cataract.
The cataract could get worse if the surgery is not successful in removing it. If the patient develops a cataract in the other eye, they risk blindness until there is a successful surgery.
In elderly patients, the risk of a second surgery may be too high, and they may need to live with impaired vision.
A medical negligence claim can seek compensation for the effects of the failure to remove a cataract during surgery.
An unsuccessful surgery can have many effects on a patient. They could need to undergo further surgery, and in some cases, it could be emergency surgery. A patient may need to spend more time in the hospital, and the unsuccessful surgery could impact their life.
A No Win No Fee medical negligence solicitor can take your claim and get you compensation for the effects of the unsuccessful surgery on your life.
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.
Compensation for unsuccessful surgery negligence
You can claim compensation of more than £10,000 for the negligence of an unsuccessful surgery. In some compensation claims for an unsuccessful surgery, you can claim between £100,000 and £10 million, depending on the effects on your life.
In any surgery negligence compensation claim, you claim for the effects of the surgical errors on your life today and in the future, such as a loss of income, time in recovering from an injury and the loss of a limb.
Compensation awards vary depending on your age, income, the disruption you experience, and the future effects on your family.
Very high awards in medical negligence claims are for when a patient suffers the effects of the injury for life, such as the failure to remove a tumour or the wrong site surgery of removing the wrong limb.
Patients may not be able to return to work, or they may need full-time care and make adaptions to their car and home.
Compensation for unsuccessful surgery negligence can see claims of:
(All amounts are approximate and are only a guide to what is possible in any medical negligence claim. 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 the surgeon carrying out an unsuccessful surgery.
A No Win No Fee medical negligence solicitor will advise you on the surgery negligence claim.
Our team will know from experience what your case may be worth and how to make a negligence compensation claim for an unsuccessful surgery.
Fatal surgical negligence
Fatal surgical negligence is when the patient experiences negligent treatment when undergoing surgery that results in death. Patients could die due to an unsuccessful surgery, errors made during surgery or when they get an infection due to surgical negligence.
Medical negligence during surgery can cause the death of the patient. The family can make a medical negligence claim for the effects of the surgical negligence on their lives today and in the future.
Types of fatal surgical negligence claims:
When your loved one suffers fatal surgery negligence, you could have a medical negligence claim against those responsible.
When the surgeon or a surgical team make an error during surgery, resulting in death, you may have a fatal surgical negligence claim.
Make a surgical negligence claim against the NHS
Yes, you can make a surgical negligence claim against the NHS, just like you can with any type of medical negligence.
If you have suffered surgical negligence, such as an unsuccessful surgery when in a NHS Hospital, you may make a medical negligence claim.
In the UK we trust in the NHS. We use the NHS daily and are proud of the high level of care patients receive when in the care of the NHS.
NHS Resolution is a government body established to handle cases of medical negligence in the NHS. You may bring a medical negligence case to NHS Resolution and seek compensation for the effects today and in the future.
Unsuccessful surgery negligence happens, and when it happens to you, you can make a medical negligence compensation claim against those responsible.
A No Win No Fee medical negligence solicitor can look at your compensation claim and help deal with NHS Resolution.
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 cases 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 claim.
If someone has passed away due to a breach of duty of care by a medical professional, it is the date of death if the limitation period has not expired by that time.
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.
Contact the Medical Negligence Team
Contact the Medical Negligence Team for expert advice and guidance with your claim for unsuccessful surgery compensation.
You could experience surgical negligence in the NHS Hospital when undergoing cataract removal surgery or if there are complications with inserting a stent during cardiac surgery.
The Medical Negligence Team operate on a no win no fee basis. You will not have to pay any fees if you do not win a compensation claim for unsuccessful surgery negligence.
We have a very high success rate and a reputation for a speedy and successful resolution to any medical negligence claims.
Our 100% Compensation Guarantee puts all the money you win into your pocket.
Contact us at the Medical Negligence Team today, and let us help when making an unsuccessful surgery compensation claim.
