When undergoing surgery, whether minor or major, patients place immense trust in medical professionals. In most cases, surgical procedures go as planned. However, there are times when things go wrong due to negligence, resulting in physical, emotional and financial harm. If you or a loved one has suffered due to a surgical mistake in or near Arundel, you may be entitled to surgical error compensation. At Marley Solicitors, we are here to help you understand your rights and secure the compensation you deserve.
What is a surgical error?
A surgical error is a preventable mistake made during a surgical procedure. It is important to distinguish between known risks of surgery and errors caused by negligence. While all surgical operations carry some risk, an error implies that the harm could have been avoided with the proper level of care and attention.
Examples of surgical errors include:
- Performing surgery on the wrong site or wrong patient
- Leaving surgical instruments or sponges inside the body
- Unnecessary surgery
- Nerve damage or organ injury due to lack of care
- Infection caused by poor hygiene practices
- Anaesthesia errors
If any of these situations apply to your case and they occurred due to substandard care, you may be able to claim compensation.
Common causes of surgical negligence
Surgical negligence can result from a variety of failures before, during or after the operation. Common causes include:
- Lack of proper planning or preparation
- Poor communication between surgical team members
- Inadequate training or supervision
- Fatigue or overwork affecting judgement
- Failure to monitor the patient post-surgery
- Errors in administering anaesthesia
In many cases, these mistakes are the result of systemic failures within the hospital or surgical team. That is why each case must be thoroughly investigated to determine where the fault lies.
How to know if you have a claim
Determining whether you have a valid claim for surgical error compensation depends on several factors. To succeed, your solicitor must prove:
- That a duty of care existed between you and the healthcare provider
- That there was a breach of that duty due to negligent action or inaction
- That the breach directly caused you harm, whether physical, emotional or financial
You must also bring your claim within the relevant time limit. In most cases, you have roughly 3 years since the surgical error or from the date you first became aware of it.
Why choose Marley Solicitors in Arundel
At Marley Solicitors, we offer expert legal support for clients in Arundel and the surrounding areas. We understand how traumatic a surgical error can be, and we approach every case with sensitivity and professionalism. Our experienced team specialises in medical negligence claims, including complex surgical error cases.
We provide:
- A free initial consultation
- No win, no fee agreements
- Access to medical experts to support your case
- Transparent advice about your chances of success and the process involved
We are proud to serve the Arundel community with dedication and integrity. Whether you live in the town centre, in Tortington, in Burpham, or in any nearby village, we are here to assist you.
What compensation can cover
Surgical error compensation aims to help you recover from the harm caused and regain stability in your life. The compensation amount depends on the severity of your injuries and their long-term impact. It may include:
- Payment for pain and suffering
- Loss of earnings (past and future)
- Medical expenses and rehabilitation costs
- Care and assistance at home
- Travel costs for treatment
- Psychological therapy
In the most serious cases, compensation may also cover lifelong care or adaptation of your home.
The legal process for a surgical error claim
Making a surgical error compensation claim can feel overwhelming, especially when you are already dealing with physical or emotional trauma. Marley Solicitors will guide you through every step of the process:
- Initial consultation: We will listen to your experience and determine if you have a potential claim.
- Obtaining medical records: We request your medical records and consult independent medical experts.
- Letter of claim: If we determine that there is a valid case, we will send a formal letter of claim to the responsible party.
- Investigation and negotiation: The other side will investigate and either admit or deny liability. We will negotiate on your behalf to reach a fair settlement.
- Court proceedings (if necessary): Most claims settle before reaching court, but if needed, we will represent you robustly in court.
Our goal is to make the process as straightforward and stress-free as possible.
Time limits and urgency
As mentioned, you usually have three years from the date of the error, or from when you first became aware of it, to begin your claim. However, there are exceptions. For children, the three-year limit starts when they turn 18. For those who lack mental capacity, there may be no time limit.
It is always best to seek legal advice as soon as possible. Prompt action allows us to gather evidence while it is still fresh and ensures you do not miss your chance to claim.
Supporting you throughout your recovery
At Marley Solicitors, we believe that our job does not end with winning your case. We are committed to helping you access rehabilitation services, support groups and counselling; we understand that compensation is only one part of your recovery journey. With our support, many of our clients are able to rebuild their lives with confidence and dignity.
Speak to a surgical error solicitor in Arundel today
If you believe that you or a loved one has suffered due to a surgical mistake, do not delay. Contact Marley Solicitors today to arrange a confidential consultation with a medical negligence specialist.
Our team is based near Arundel and is ready to support you through every stage of the legal process. Whether the error happened at a local NHS facility or private hospital, we are here to hold those responsible to account and secure the justice you deserve.
Call us today or fill out our online enquiry form. Let Marley Solicitors help you move forward with clarity and peace of mind.
