Claim for a Surgical Error during an Operation
Can I claim for surgical error during an operation from the NHS for when surgical tape was left in my body after bladder surgery?
It may be possible to claim for surgical error during an operation for when surgical tape was left in your body; however your eligibility to claim is going to depend on whether or not it caused you to suffer injury, loss or deterioration of an existing illness as a result. Although leaving a foreign object inside a patient is a clear demonstration of negligence, if there have been no medical repercussions due to this negligence there are no grounds on which to make a surgical error from an operation compensation claim and you are unlikely to be successful. If you have sustained an infection, it would be in your best interest to meet with a personal injury claims solicitor with knowledge of operation error claims. Once they learn of the particular circumstances of your surgical error they will be able to advise you of whether or not your claim has a strong likelihood of success.
If your solicitor considers your potential surgical error from operation compensation claim to be worth your while to pursue then they will assist you in composing a letter of complaint to the NHS. It is always best to enlist the help of a solicitor while writing such a letter as how it is worded may affect the strength of your claim for surgical error during an operation. As it is not always necessarily the surgeon involved who can be considered the negligent party, your solicitor will contact all of the medical professionals involved and obtain relevant medical notes. These notes will then be presented to an independent medical expert who will examine the notes and determine whether or not leaving the surgical tape inside your body could have been avoided if another competent medical professional had been operating and taken alternative actions.
It is likely that the admission of liability will not be an issue with such an operation error claim where surgical tape was left inside your body. You could also be approached directly by the NHS insurance company with an offer of compensation for the illness or injury you have sustained. It is wise to present this to your solicitor at the first possible moment as such unsolicited offers generally do not reflect the severity of the illness or injury of a claimant. Additionally, should you accept this offer and if it turns out to be inadequate it will not be possible to go back to the insurance company and ask for more. Your solicitor will be able to assess the claim that has been offered and inform you of whether or not you are likely to receive more if you pursue a compensation claim.
This is general advice regarding the likelihood of your being able to claim for surgical error during an operation, it is not substitute for the specific advice for a personal injury claims solicitor with knowledge of your particular circumstances will be able to provide. Therefore it is advisable that you consult with one as soon as possible.