What are types of surgery negligence? How can you claim compensation?

What are types of surgery negligence? How can you claim compensation?
April 25, 2019 Comments Off on What are types of surgery negligence? How can you claim compensation? Law

A doctor only prescribes surgery according to the situation. Surgery is usually required in trauma or worse conditions. Doctors or surgeons make it sure that the operation doesn’t have complexities. The majority of surgeries are performed under complicated situations without causing complications.

However, some of the times, in worse conditions, the surgeon can do some negligence and mistakes in performing surgeries.

It doesn’t matter whether its nose, chin, mouth, eye or any other organ of the body, surgeries can be carried out on the all parts of the body. However, you need to know that surgical errors are not common.

If you have been involved in such condition, in which an operation or surgery went wrong, you can file a claim against the liable party. Surgery negligence cases are more complex than other negligence cases.


It doesn’t matter; whether the operation is minor or major, there is always a risk factor involved in doing the operation. This is true; even the doctor is the most senior surgeon, he can also do some negligence. If surgery went wrong, it could create devastating effects. Sometimes these effects are irreversible and life-threatening.

What is the surgical error?

Surgical negligence is a form of a medical negligence claim. It usually occurs when surgery has not been successful, and a mistake by the doctor or staff has been made. This negligence can occur during the surgery or after surgery.

If the error or negligence leads to the injury or causes damage to the other part of the body,  you can claim compensation. Even the surgery department if full of highly expert staff, you know mistakes can happen anywhere and anytime.

There are many issues which can happen while performing surgery. Surgery errors can include:

  • Leaving surgical equipment inside the body
  • Performing wrong surgery
  • Failing to complete the surgery
  • Causing injury to other related organs
  • Carrying out surgery on the wrong body part
  • Causing infection in the body parts

Is surgical error not uncommon?

The surgical error cases are increasing in the UK and inside Europe. However, this negligence is not much common in the whole world. In surgical errors, medical negligence compensation can vary from person to person depending on the severity of the error. These surgical errors can result in death or can cause long-term damage.

Common reasons for surgical errors

Doctors who work as a surgeon are highly professional and trained persons in our society. Surgical errors are one of the most serious mistakes in medical negligence. These errors can be due to the reasons, which include:

  • Incompetence – This is a condition in which a surgeon is not highly professional or lack of skills
  • Lack of preoperative planning – initial preparation is very important. Failure in preparation can lead to various error
  • Fatigue – if a surgeon is forced to work various hours a day, he may perform negligence
  • Neglect – A situation in which a surgeon takes the surgery easy, and neglect the complexity of the condition

What is the different type of surgical error claims?

There are different types of surgical negligence claim. They have been categorized into four types, which include:

  • Contributory negligence – In this type of negligence claim victim is partially responsible for the medical issues. In this type of negligence, the compensation for the damages cannot be paid.
  • Comparative negligence – In this type of the claim, the victims of negligence share the blame for the health concern. These cases usually require a court case to determine the balance of blame.
  • Vicarious liability – This is the condition in which victim claim compensation against the organization that manages the surgeries of the hospital.
  • Gross negligence – This is the most serious type of claim compensation. In this, the victim’s body is damaged due to the negligence of the surgeon. In this case, there is no trespassing of victim in negligence.

What to do if you are a victim of surgical negligence?

You can seek the help of personal injury solicitors Bolton to pursue your case in the court. For this purpose, always hire an experienced personal injury solicitor who has years of experience in the relevant injury field. He can also help you to collect the evidence of damage to make your case strong.

Surgical errors are not open-ended. There is a time frame to claim the compensation. The time limit to claim the compensation is three years after the accident. This time limit can be increased if the damage was discovered after the three years.