Can surgical complications compensation claims be made for injuries suffered during a routine operation?
Surgical complications compensation claims can be made under certain circumstances, such as if a patient is injured during surgery due to the negligence of a surgeons or hospital staff. Complications which arise after surgery, which could have been avoided had greater care been taken by the surgeon, or prevented with an adequate follow up after the surgery can be considered to be medical negligence, and surgical complications compensation claims can be pursued.
Any surgical procedure carries an inherent risk to a patient, and while everything is often done by doctors and surgeons to ensure the procedure is a success, complications may arise which could not have been foreseen – even with the wide range of diagnostic tests and scanning equipment available. Patients may react badly to anaesthesia, and the surgery may not go as planned through no fault of the surgeons or hospital.
Surgical complications compensation claims are possible when you have been injured due to the negligence of surgeons or assisting doctors or nurses. If a surgeon damages a healthy organ by not taking sufficient care with a scalpel or has performed an incorrect procedure, this can be classed as medical negligence. If you suffered from an infection post-surgery, such as MRSA caught in hospital, you should be able to claim for any pain and suffering caused as a result. MRSA infections after surgery are the basis of many surgical complications compensation claims.
Surgical complications from anaesthesia are possible, although fortunately are relatively rare these days. A patient may have an allergic reaction to a particular anaesthetic, and certain pre-existing conditions may increase the likelihood of surgical complications arising. During surgery the patient´s vital signs and level of consciousness need to be monitored, as well ensuring the patient is able to breathe. Permanent loss of ability after anaesthetic can occur if oxygen supply is restricted, blood pressure falls too low or increases too much, and if there was a significant chance of this occurring it should have been discussed with a patient before the procedure.
You should always discuss any potential surgical complications compensation claims with a specialised medical negligence solicitor for advice relating to your own individual case. Complications from surgery need to be recorded in your medical record, and doctors need to inform patients if anything has gone wrong with a procedure. A solicitor will access your medical records, assess whether the injury has been caused by negligence, and will consult a panel of experts to determine on the balance of probabilities if surgical complications could have been avoided by any competent surgeon. Only after an investigation of your case, and the circumstances at the time of your surgery, will it be possible to tell if you are able to pursue surgical complications compensation claims for any injuries suffered.