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Concerned about a surgical error?

Expert solicitors with experience in surgical negligence

Surgical errors account for the fifth highest number of clinical negligence claims brought against NHS Trusts in the 2019/2020 period. According to NHS Resolution, 8% of the claims reported to them related to general surgery. Injuries following negligent operations can be life changing, leading to ongoing pain, scarring and in some cases more severe consequences such as the need for a colostomy, infertility and issues with mental health.

At Clarke Willmott, we have a wealth of experience in dealing with mistakes during surgery, with the knowledge and expertise to guide you through what can often be a particularly complex area of medical malpractice.

Our specialists will provide you with all the expert legal advice you need with a confidential, no win no fee service. To discuss your surgical negligence claim with us, please 

Call us on 0800 316 8892

or

Arrange a call back convenient to you

One of our solicitors will call you as soon as possible. We understand this is a stressful time and will ensure that your situation is assessed quickly so that you can be advised of your options going forward.

What types of General Surgery claims are there?

Errors in surgery typically happen during the following procedures:

  1. Gall bladder removal (Cholecystectomy);
  2. Appendicectomy/Appendicitis;
  3. Kidney removal or treatment for kidney stones;
  4. Bowel surgery;
  5. Liver surgery;
  6. Hernia operations;
  7. Treatment for infection.

Common mistakes include:

  1. Not obtaining proper consent for the operation;
  2. Operating on the wrong body part;
  3. Damaging surrounding body parts or nerves;
  4. Leaving an object in the body.

Your questions answered

Can I claim?

To be successful in a claim for negligence you will need to prove:

  1. that no other responsible surgeon would have made the same mistake (lawyers call this Breach of Duty); and
  2. that you have suffered avoidable harm as a result of that error (this is known as causation).

If a doctor has made a mistake but you have recovered without any further symptoms that would have arised if the surgery was flawless, then you will not be able to claim. Your claim also needs to be brought within three years of the negligent surgery.

We will involve the country’s leading medical and legal experts in order to obtain the evidence required to prove the legal test.

To learn more about proving breach of duty and causation, download our medical negligence fact sheet.

How much compensation could I get?

Every case is different, but here are some examples of the compensation that has been awarded to our clients in surgery related claims:

  • The wrong surgery was performed on Mrs R and the surgeon mistakenly biopsied her Pancreas, leading to additional surgery. She recovered £30,000 for her pain and suffering.
  • Error during kidney procedure led to the need for colostomy and a care regime – £200,000 was recovered in compensation.
  • Client S suffered an anastomotic leak due to a mistake during sigmoid colectomy surgery. We recovered £150,000 in compensation for the claimant.

Why should you choose Clarke Willmott solicitors?

  • Free initial consultation – to discuss the grounds for your claim and the likelihood of success. There is no obligation to go any further after this initial meeting.
  • Where you need us – specialist solicitors on hand in Bristol, Birmingham, Cardiff, Manchester, Southampton, Taunton and London. If you can’t come to us, we’ll come to you.
  • Recognised injury claims experts – we are accredited by the Association of Personal Injury Lawyers, Action Against Medical Accidents and the Law Society; independent bodies who rigorously assess us to ensure we provide quality and value for money.
  • Help to fund your claim – we can help you explore your funding options including ‘no win no fee’ and legal aid.
  • Winning record – excellent track record of winning fatal injury compensation claims, some with compensation worth several million pounds.
  • Partner led service – where many firms use unqualified case handlers to run your claim, at Clarke Willmott it will be overseen by a partner who is also one our most senior lawyers, to ensure you receive the best possible service and advice.
  • Support step-by-step – we understand that questionnaires and form filling can be distressing, confusing and time consuming. That’s why we offer face to face meetings to talk you through the paperwork and help you complete it.

If you think you have grounds for a compensation claim call us now on 0800 316 8892 or contact us online.

We represent clients nationwide from our offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton and can meet wherever convenient to you including at your home.

Speak with a specialist surgical negligence solicitor

Kerry Fifield

Partner and Clinical Negligence Team Manager

Bristol
Kerry’s primary focus is the needs of the client and their family when pursuing a claim, taking into account that each client is an individual with specific requirements who needs to be supported in addition to the legal investigation.
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Marguarita Tyne

Head of Personal Injury & Medical Negligence

Bristol
Marguarita Tyne is a claimant clinical negligence solicitor who investigates and brings claims on behalf of patients who have been injured during the course of their medical treatment, acting mainly (but not exclusively) for brain injury claimants in high value and often complex litigation.
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