Surgical Negligence Claims

Who can bring a surgical negligence claim?
If you have suffered harm, or financial loss, as a result of negligent surgical treatment, you may be able to make a surgical negligence claim irrespective of whether the operation was performed under the NHS or on a private basis.

Hay & Kilner have acted for clients whose complaint relates to a range of surgical negligence claims including:

• Anaesthetic awareness
• Foreign objects left in the body
• Failure to obtain appropriate consent pre-operatively
• Damage to internal organs intra-operatively
• Plastic surgery errors

Why choose Hay & Kilner?
Hay & Kilner’s team of specialised clinical negligence solicitors has recovered hundreds of thousands of pounds of compensation on behalf of their clients in surgical negligence claims.

We provide a high-quality service and will take the time to get to know you and understand exactly what you have been through with your operation to get you the compensation you deserve. We represent clients of surgical negligence throughout the North East and are happy to come out to see you at home if you are unable to attend the office.

• Case report: Settlement following negligent ankle surgery

When to make a surgical negligence claim?
An Act of Parliament sets out time limits for bringing a clinical/surgical negligence claim. Failure to issue proceedings within this time scale may mean that the surgical negligence claim is time barred and cannot proceed.

The Limitation Act provides that the time limit is three years from the date on which harm resulted from the allegedly negligent action (usually the date of the operation); or, if later, the date when you became aware that you received negligent surgical treatment.

In the case of minors that is for the people who are under the age of 18 years, the limitation period does not begin to run until their 18th birthday.

If the injured person is suffering from a mental disability the time limit does not start to run until mental capacity has returned. If mental capacity never returns then an action for damages can be started at any time in the future even though the primary 3-year limitation period may have expired.

Find out more about when to pursue a surgical negligence claim with our article Is it too late to bring a clinical negligence claim?

How much does it cost to make a surgical negligence claim?
There are several ways a surgical negligence claim can be funded; the most common being under a Conditional Fee Agreement on a ‘no win no fee’ basis. Read more about the different ways to fund your potential surgical negligence claim with our article No Win No Fee and other options for funding your medical negligence claim.

How long will a surgical negligence claim take?
Surgical negligence claims can take anywhere from a few months to a few years to reach a resolution. The likely timescale usually depends on the severity of your injuries and whether or not your doctor or other healthcare practitioner accepts responsibility for your injuries.

How do I start a surgical negligence claim?
If you think you may be entitled to compensation for an injury you have suffered as a result of an operation, contact our team on 0191 232 8345 or using our online contact form and we will arrange an initial appointment to discuss your potential surgical negligence claim free of charge.