Surgery Error Compensation Claims
NoWinNoFee.com is a claims management company that helps people claim compensation for an accident or injury that wasn't their fault
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
Surgery Error Compensation Claims
There is risk associated to all types of surgery, however minor the surgery may be. Therefore not all complications and side affects of surgical procedures will be due to the negligence of the surgeon or hospital. In such cases where your injury has not been caused by any negligence, you would not be entitled to make a medical negligence compensation claim. However, if you have suffered a physical or mental injury due to negligence during surgery, you could be entitled to make a surgery error compensation claim.
Call now on 0800 234 6438
Is there a time limit to making a surgical error claim?
As with all medical negligence claims, if you have been injured due to a surgical error you have a three year period within which your claim must be made. This three year period would normally begin on the date of your surgery. However, in some circumstances you may not be aware that a problem has occurred until a later date. In these cases the three year period would not begin on the date of your surgery, but the date you became aware of the error and injury.
Some examples of surgery and surgical errors that could give rise to a potential clinical negligence claim include the following:
- Performing the wrong type of operation
- Organs being accidentally perforated
- Items left inside the body during surgery, such as swabs and surgical implements
- Performing operations on the wrong organ or body part
- Damaging nerves, tissue and veins during surgery
- Infections caused by dirty surgical implements
Make a claim for surgical error compensation
If you have been injured due to a surgical error and would like to know if you are entitled to make a surgery error compensation claim, contact a trained legal adviser by filling out the online claim form, or by calling the freephone number at the top of this page. Most expert personal injury lawyers work on a no win no fee basis, and can help you get the compensation you deserve.
- Can I claim for an anaesthetic error?
- Is there any difference between claiming from the NHS and a private clinic?
- How long will it take to make a medical negligence claim?
- I was given the wrong medication, can I make a claim?
- A member of my family died due to negligence – can I claim on their behalf?
