SURGERY - MEDICAL NEGLIGENCE COMPENSATION CLAIM

Operations on the wrong area of the body, removal of healthy tissue and organs, incorrect treatment of wounds and accidental injuries are all a very real part of operative surgery. Whilst surgeons are usually expert at what they do from time to time mistakes are made. These mistakes can have catastrophic consequences and in cases where medical negligence can be proved a surgeon, or more likely his insurers, will be liable to pay compensation for pain and suffering and financial losses either to the patient or to the patients dependents if the error was fatal.

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Reasonable Skill & Care

It is important to draw a line between treatment that gives rise to civil liability for medical negligence and treatment that is not successful but where no liability attaches to the surgeon. Things do go wrong and more risk is attached to some operations than others. The basic rule is that a surgeon should exhibit skills up to the same standard as other surgeons operating in the same field and when there are two possible treatments a surgeon will not be held to blame i.e. no medical negligence, if he chooses the wrong one provided that there is a responsible body of surgeons who would have done the same thing notwithstanding that an alternative method may have been more successful with the one proviso that the treatment actually given must stand up to logical analysis.

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Common Negligent ACtion

There are situations in which foreign objects and bodies are accidentally left in a patient’s body during surgery and sometimes not noticed and therefore not removed. These objects include surgical instruments, temporary packing, swabs and sponges. In other situations, a consultant might fail to properly study the patient case records or overlook written detail left by another doctor and assume the case to be straightforward when it is, in fact, more complicated than he realises. These obvious oversights are seldom forgiven and frequently give rise to successful medical negligence compensation claims.

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Cosmetic Surgery

Cosmetic surgery is another all too common area in which things can go wrong. It is estimated that over £200 million is spent on bodily improvement every year and the figures continue to rise. Most cosmetic medical negligence claims that our experts handle involve patients who are less than satisfied with the outcome of breast enhancement and facial alterations. A large proportion of medical negligence compensation claims arise as a result of poor aftercare with infection and unnecessary scarring being high on the list.

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Training?

NHS surgeons are required to have at least six years training before they can practice as a specialist however these same restrictions do not apply to those surgeons operating in the private sectors. In the year 2000 legislation improved this situation dramatically but it is still unbalanced. Any doctor practicing in the private sector prior to 2002 does not come under the scope of the new law and need not be specially trained.

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Free Legal Avice

For honest and independent legal advice contact our professionals today. Simply fill in the online contact form and a solicitor will call you. If you have suffered personal injury and you fear you may have been the victim of incompetence there is no time for delay. In order to know your options you should seek expert legal advice as soon as possible. Our solicitors operate a free service whereby you can meet us in person or chat over the telephone with one of our experts and obtain initial advice. If you subsequently decide to proceed no further then that is your right and you will not be charged for our initial advice.