Surgical Negligence
Claiming for surgical negligence
Going in for surgery can be daunting and an unsettling experience. While most surgeries are carried out successfully, things can and sometimes do go wrong. If your surgery has resulted in an unexpected outcome, you may be able to make a surgical negligence claim for compensation.
We can help. L& M MediLaw is led by Elizabeth Rose, an accredited specialist in medical negligence. We often help people who have undergone surgical procedures to make a claim for compensation where something has gone wrong. Our legal assistance is delivered on a no win, no fee basis.
To discuss your experience of surgical negligence with a lawyer, call us today on 0141 471 3078 or complete our online contact form and we will get back to you without delay.
Your Surgery
It may be your first surgery or your ‘umpteenth’ surgery. Surgery can either be an emergency or planned (elective), and take place in either at a NHS or private hospital. Surgeons are highly trained, specialised doctors, with a variety of medical specialisms. Everything from orthopaedic surgery, to colorectal surgery and cardiac surgery.
Whatever type of surgery you’re undergoing, you deserve the best possible treatment and outcome. However, surgical complications sometimes happen and every surgery carries a certain element of risk.
In some cases something may go wrong in surgery and you may wish a fuller understanding of what happened to you or to your loved one. The responsible surgeon should be available to speak to you to allow you to share your concerns. If you’re not satisfied with the response, you may wish to lodge a formal complaint and seek an investigation into what happened. An NHS internal investigation will be automatically triggered if there’s an unexpected or unintended incident that has resulted in a serious injury or death.
Making a Surgical Negligence Claim
You may also wish to take things further and speak to a medical negligence solicitor. L&M MediLaw will listen to you and provide accessible advice. We’ll usually start by asking you the three Ws – ‘who’, ‘what’, and ‘why’.
- We will ask you what happened.
- Who carried out the surgery?
- What type of surgery was it?
- When and where did it take place?
- What was the purpose of the surgery and what happened pre-surgery and after surgery including the recovery?
- Why do you feel the surgery went wrong?
- Why do you think the surgeon or surgical team responsible are at fault?
- Do you feel that informed consent was not obtained? Was there surgical error during the operation?
- Was there a failure in the post operative period, for instance a failure to act on concerning symptoms?
L&M MediLaw’s medical negligence solicitors will expertly assess your case. If there’s evidence of potential negligent treatment, we will open up a case, recover all records and carry out initial investigations. If advised, L&M Medilaw will instruct an independent surgical expert to comment on the actions of the surgeon and/or surgical team and whether this caused you injury. If the report is supportive, we will consider whether other reports are necessary.
Surgical failures can impact on different areas and organs in the body and so sometimes it will be necessary to instruct a doctor in a different medical discipline. For instance, a claim involving cardiac surgical failure may require a report from a consultant neurologist where the resulting injury has been a brain injury.
Once all reports have been received and reviewed, a claim will be intimated to the surgeon’s representative or employer. Depending on the response, advice will be given either on potential settlement of the case or the requirement of court proceedings.
Either way, L&M MediLaw, as highly experienced court solicitors, will provide quality, professional and compassionate representation throughout the entire process.
Contact our surgical negligence claims solicitors in Glasgow today
When you have been failed by a medical professional during a surgical procedure, L&M MediLaw can support you with compassionate, professional legal services. We have offices in Glasgow and Edinburgh city centre and serve clients all across Scotland.
To discuss your surgical failure case with a lawyer you can trust, contact us today on 0141 471 3078 or complete our online enquiry form and we will get back to you right away.