Am I eligible for compensation if I’m injured due to a surgical error?

NoWinNoFee.com is a claims management company that helps people claim compensation for an accident or injury that wasn't their fault

Start Your Claim Now

Get a Free Call Back From Our Experts! Fill Out the Form Now for Quick Assistance.

    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Am I eligible for compensation if I’m injured due to a surgical error?

    Undergoing an operation is stressful and worrying and the last thing you want is for something to go wrong. No surgical procedure is without its risks though. However, when an error by a surgeon or other member of staff results in injury or further damage to your health, you can claim damages for medical negligence. Medical negligence cases can be quite complicated so if you believe you have been the victim of surgical error, it is important to speak to a personal injury solicitor as soon as possible.

    What is a surgical error?

    Errors in surgery can vary from minor mishaps, such as a dentist cracking an adjacent tooth, to serious mistakes, such as performing the wrong operation or damaging nerves or arteries during a procedure. In addition, mistakes don’t just occur while you are on the operating table. Post-surgery, lack of care or negligence can result in infections or other complications. In fact, surgical errors can be the result medical professionals participating in all sorts of negligent behaviour and the implications can be severe.

    How much compensation could I get?

    The amount of compensation you can claim for surgical errors depends on how seriously you were injured or how badly your health has been affected. In some cases, you may have to undergo another operation to put things right and any damages you receive will reflect this additional pain and suffering. In other cases, a surgical error may affect you for the rest of your life, which will also be reflected in any compensation you receive. In medical negligence cases, compensation is not just awarded for physical pain and suffering but also for any psychological trauma that a surgical error has caused.

    Will any financial losses be covered?

    Compensation doesn’t just reflect the pain and suffering caused by a surgical error; you can claim for any financial implications that arose because of the error, such as time off work and loss of earnings, or travel costs for going to and from hospital. For private medical treatment, you can also claim back the costs of any procedure if a surgical error has occurred.

    Want Free Advice?
    Enter Your Details and Get
    A Call Back!