How long do I have to claim compensation for surgeon negligence and what is the process for doing so?
According to the UK Statute of Limitations the length of time that you have to claim compensation for surgeon negligence is three years. The Statute of Limitations was introduced in 1980 as part of the Limitation Act in order to ensure that potential claimants would initiate a claim while an accident was still recent and so that a negligent party would be protected from a continual fear of litigation. The date that this three-year time-limit begins is the date on which the negative outcome of medical negligence has become apparent. In your case this would be the date that the result of your injury sustained from surgeon negligence has been identified.
It is in your best interest to contact a personal injury claims solicitor with experience in medical negligence injury claims at the first possible moment to discuss the process of pursuing compensation for surgeon negligence. Medical negligence claims can often be complicated and your eligibility to make a surgeon negligence injury claim will be dependent on a number of factors, so it is advisable that you inform a solicitor of the particular circumstances of your injury as soon as possible. For instance, unless you suffered an apparent injury as a result of this medical negligence you would be unlikely to have a successful claim. Furthermore, establishing who exactly was responsible for the injury you sustained could be difficult in instances where the surgeon had been given the wrong information with regards to your condition and subsequently carried out the wrong procedure.
Beginning the claims process promptly after your injury or illness has been discovered is also important if the claim is being made against the NHS as a complaint will have to be made within one year of the date that the injury was discovered. The assistance of a personal injury claims solicitor for composing this complaint is also vital, as the wording may affect the strength of your surgeon negligence injury claim. Your solicitor will also write to the medical professionals involved in your surgery to obtain the relevant medical notes but will not apportion blame while doing so. Following this, your solicitor will assess the circumstances surrounding your injury sustained from surgeon negligence with the help of an independent medical professional and will be able to determine whether your injury could have been avoided had your surgeon acted differently. The opinion of this independent medical professional will help your solicitor determine whether or not you have a viable claim that is worth your while to pursue.
This is a general overview of how you should proceed with pursuing a claim for surgeon negligence, it is by no means an alternative to the specific advice that a solicitor who has knowledge of the circumstances and severity of your injury will be able to provide. If they think that your claim has a considerable chance of success, they may offer to represent in your claim for compensation for surgeon negligence.