Surgical Errors and Patient Rights – What You Need to Know

Understanding surgical errors

Surgical errors are preventable mistakes that occur during surgery, often resulting in harm to patients. These errors can range from minor mishaps to life-threatening complications, and they often raise significant questions about patient rights and medical accountability.

Examples of surgical errors include operating on the wrong site, leaving surgical instruments inside the body, or performing incorrect procedures. Understanding your rights as a patient is crucial if you have experienced harm due to a surgical error.

Common causes of surgical errors

Surgical errors can happen for a variety of reasons, many of which are avoidable with proper care and attention. Common causes include:

• Poor communication: Miscommunication between surgical teams can lead to incorrect procedures or mistakes.
• Inadequate training: Lack of experience or insufficient training among medical staff.
• Fatigue: Surgeons and medical teams working long hours may experience decreased focus and performance.
• Improper preparation: Failure to review patient medical histories or prepare adequately for surgery.
• Technical errors: Issues with surgical tools or equipment malfunctions.

Your rights as a patient

As a patient, you are entitled to safe and competent medical care. When surgical errors occur, you have specific rights that allow you to seek redress. These include:

• Right to informed consent: Patients must be fully informed about the risks, benefits, and alternatives to a procedure before giving consent.
• Right to a second opinion: You can consult another medical professional if you are uncertain about your treatment or diagnosis.
• Right to compensation: If a surgical error results in harm, you may be entitled to financial compensation to cover damages such as medical expenses, lost income, and emotional distress.

It’s essential to understand these rights and how to exercise them if you suspect medical negligence has occurred.

Steps to take after a surgical error

If you believe you have been affected by a surgical error, follow these steps:

1. Document the incident: Keep detailed records of your medical procedures, communications, and any symptoms or complications that arose.
2. Seek medical review: Get a second opinion to assess the extent of the error and its impact on your health.
3. Report the error: Notify the healthcare facility about the incident through their complaints process.
4. Consult legal experts: Reach out to a solicitor specialising in surgical errors and patient rights to evaluate your case.
5. File a claim: Begin the legal process to seek compensation for the harm caused.

Acting promptly is important, as there are time limits for making medical negligence claims in the UK, typically three years from the date of the incident or when you became aware of it.

Compensation for surgical errors

Compensation for surgical errors aims to address the physical, emotional, and financial consequences of the mistake. Common forms of compensation include:

• Medical expenses: Covering additional treatments or corrective surgeries.
• Loss of earnings: Compensating for time off work due to recovery or disability.
• Rehabilitation costs: Providing for physiotherapy, counselling, or other forms of support.
• Pain and suffering: Recognising the emotional toll of the injury.

Each case is unique, and the amount of compensation depends on the severity of the harm and its impact on your life.

Seeking legal assistance

Pursuing a claim for surgical errors can be a daunting process, but it’s crucial for holding healthcare providers accountable. Experienced solicitors, such as our specialist Medical Negligence team, can guide you through the legal system, helping you gather evidence, negotiate with insurance companies, and present your case effectively in court if needed.

Fosters Solicitors’ Head of Medical Negligence & Inquests, David Gabell, commented: “We have supported many of our clients through surgical negligence claims, utilising our wide range of experience in handling these type of cases to help clients gain the compensation they deserve.

“These cases can often be challenging due to the often complex clinical issues involved. Surgical errors can result in life-changing medical problems, and whilst every operation poses a varying degree of risk, surgical negligence shouldn’t be a risk that you have to account for.”

For additional support, explore Medical Negligence Solicitors or consult resources like this NHS guide on making complaints.

Surgical negligence case studies

Here are some surgical negligence case examples our Medical Negligence Solicitors have successfully undertaken.

• Settlement of £377,500 for surgery injury client.
• Compensation won in foot surgery claim.
• Compensation secured in surgery injury claim.

This article was produced on the 4th December 2024 for information purposes only and should not be construed or relied upon as specific legal advice.