Surgical Errors

Yes, you can make a claim on behalf of someone else if you are a family member or carer. This is possible if the person is under 18, lacks the capacity to make a claim, or has died due to the negligent treatment.

No, you don’t have to complain first, but it can help. Making a complaint is free. If you were treated by the NHS, you can use the NHS complaints process, and the Patient Advice and Liaison Service (PALS) can help. If you’re not happy with the outcome, you can take it to the Parliamentary and Health Service Ombudsman for free. A complaint can get you answers and an apology, but it won’t usually get you compensation. A legal claim can. If you’ve already complained, we’ll review the response.

To prove medical negligence, you need to show that the healthcare professional owed you a duty of care, failed in that duty, and that this failure caused you harm. You must also demonstrate that this harm led to physical injury, psychological trauma, or financial loss, such as lost earnings. Expert medical evidence is often required to support these claims.

Compensation is made up of two parts. One is for the injury itself and its effect on your life. The other is for money you’ve lost or spent because of it, such as lost earnings, extra medical costs and care. We’ll need medical evidence before we can tell you what your claim may be worth.

Yes. You can make a claim for medical negligence even if your care was provided by the NHS. NHS staff have a duty of care to their patients, and if that duty is breached and causes harm, you may be able to seek compensation.

‘Never event’ is the NHS term for a serious patient safety incident that should be wholly preventable if proper safety steps are followed. Examples include surgery on the wrong part of the body, the wrong implant being used, or a swab or instrument being left inside a patient after an operation. If you’ve been affected by a never event, you may have a strong reason to make a claim.

Generally, you must start your claim within three years of the incident or from when you discovered the injury. For children, the three-year period begins when they turn 18. If the affected person lacks the capacity to make decisions, the limit starts when they regain that capacity. Claims under the Human Rights Act must be made within one year. Acting quickly is advisable to ensure evidence and witness recollections are preserved.

Your case will be handled by our litigation team, made up of qualified solicitors, trainee solicitors and paralegals.

It’s complicated, and every claim is different. Medical negligence claims often take longer than other injury claims, because we need expert medical evidence to show what went wrong and how it affected you. For claims against the NHS, the National Audit Office found it takes around 1.7 years on average from when a claim is made to when it’s resolved. More complex claims, such as serious birth injuries, can take longer. We’ll keep you updated at every stage.