Is it possible for my mother to receive compensation for the wrong surgical procedure on a patient? She recently went to hospital for a hip operation but she underwent a completely different operation altogether.
It could be possible for your mother to receive compensation for the wrong surgical procedure on a patient, however it is impossible answer this question without knowing more specific details about the operation your mother had and the consequences of this. For example, although it may be a clear instance of medical negligence, a claim for wrong surgical procedure will not be successful unless there has been an injury or some kind of health deterioration that has occurred as a result of the negligence. If there have been no medical consequences then there is no claim. Also, it also must be determined that if another medical professional had been involved, would they have proceeded with the operation differently? Otherwise it may be determined that the wrong surgical procedure performed on your mother was not preventable.
The best person to give you a definite answer to your query is a personal injury claims solicitor with experience in wrong surgery on patient compensation claims who also has specific knowledge of your mother’s situation. They will help your mother compose a letter of complaint about the wrong surgical procedure to the NHS or the private hospital in which she underwent the treatment. They will then contact all the medical professionals who were involved, which could include any surgeons, nurses and administrators.
The solicitor will obtain your mother’s medical notes and show them to an independent medical professional to evaluate. He or she will examine these notes and tell your mother’s solicitor if another course of action could have been taken to prevent the wrong surgery being performed. The solicitor will then advise your mother whether or not she has a viable claim for compensation for the wrong surgical procedure on a patient.
If the solicitor thinks that your mother has a claim of considerable strength, they may offer her representation for her wrong surgery on patient compensation claim. They will be able to assess the value of the injury she has sustained by examining the Judicial College Guidelines for the Assessment of General Damages, a publication that lists a variety of injuries and their compensation values based on their severity and permanency. If your mother’s injury is not listed, your mother’s solicitor will examine settlements for previous, similar cases involving a claim for wrong surgical procedure and determine how much she could be eligible for based on these. Your mother’s age, sex and general state of health prior to the wrong surgery, pain and suffering experienced during surgery and the consequence it has had on her quality life as a result will also be taken into consideration when the value of her claim is being calculated.
This answer to your question is a general overview of the procedure involved in wrong surgery on patient compensation claims; it by no means an alternative to seeking advice from a solicitor. Therefore your mother should contact a personal injury claims solicitor at the first possible moment to discuss compensation for the wrong surgical procedure on a patient.