Surgical Error Claims Scotland
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Surgical Error Claims Scotland | No win no fee
Surgical Error Claims Scotland : Surgeries can be very traumatic and stressful as they can affect your day-to-day life. You could face further complications or longer recovery time if a mistake happens during surgery. The mistake can impact a person not only physically but mentally as well.
You probably feel let down if you or a loved one has suffered from surgical negligence. No one expects to come out with more injuries after surgery. If you or a loved one have experienced this, then you can search for help. The idea of starting a claim may seem intimidating, but with the help of a professional solicitor, this process can be completely pressure-free.
They are there to help you understand if you can claim or not. And if you can make a claim, then the compensation can help you stand again on your feet, and it also could help with the impact your injury has had on your life and your future.
What is surgical negligence?
Surgical negligence is a kind of medical negligence. Particularly, it refers to when the treatment you received was wrong, delayed, or not to the standard of other experienced surgeons.
All doctors, nurses, and the medical staff who treat you when you are admitted to the hospital have a duty of care towards you. When your solicitor is working on your case, they will try to set up if other professionals in the same situation would have acted in the same way.
It implies, even when there wasn’t an apparent accident, the person treating you may still have been careless because they acted wrongly and gave you a treatment others would not give in the same situation.
Starting your claims (Surgical Error Claims Scotland)
Whenever you are ready to make a compensation claim, the first step is to connect with our expert legal advisor for free.
They will ask some questions about the surgery and treatment you received and the injury or illness you have suffered on the call. We know this might be distressing to relive, but the advisor does this so they can get a clearer idea of what happened to you and how it affected your life.
After that, If the solicitor thinks you can make a claim and decide to go ahead with the case, they can put you forward to their specialist medical negligence solicitor/advisor. They will then coordinate with you about your case and get all the information about the case.
3 year time limit to make a claim of Surgical Error Claims Scotland
From the date of knowledge, the usual time limit for making a surgical negligence claim is three years. So from the date of surgery or when the injury took place, you have three years to make a claim.
If your injury only became evident at a later date, you have three years from that point to start a claim. If you are not sure, there is nothing to worry about. You can contact a legal expert, and he will let you know when they speak to you if you’re able to start a case or not.
What's involved in proving negligence happened?
For a successful surgical fault claim to be made, your lawyer will need to prove that:
- The doctor’s negligence caused you harm.
- The doctor violated the duty of care(i.e.was negligent).
- The damage led to further injury, illness, or suffering.
To help your lawyer with your case, it’s likely they will ask you to join a free medical assessment. It is a routine part of any personal injury claim, so there is nothing to worry about. An independent doctor does the free medical assessment.
Types of surgical errors
Many different types of accidents can lead to injury; the followings are a few examples that might have happened to you:
- Unfair treatment was given, leading to scarring or, in extreme cases, amputation.
- Wrong dose of anesthetic administered by an anesthetist.
- Injuries inside your body, such as punctured organs.
- Mislead, not fully explaining the complications, risks, or your recovery time.
- Infections, caused by unsafe or dirty equipment, cross-contamination, or the wrong prescription.
- ‘Never’ events
- Some serious mistakes should never happen, and these are ‘Never’ events like:
- Operating on the wrong body part
- Performing the wrong operation on the right person.
- Perforating an internal organ.
- Leaving something instead of the patient’s body.
Claiming for Children
If your child/loved one is under the age of 18 and suffered negligence during surgery, then you can claim on their behalf any time until their 18th birthday. They have three years to claim after they have turned 18.
You can also claim on behalf of another adult if they have any mental condition and cannot make their legal decision.
If the error during surgery was fatal, then a compensation claim can be started by the deceased person’s:
- Partner
- Family
- Estate
If you are unsure whether you will make a compensation claim on behalf of a loved one/child, you can connect with our legal advisor for free. The legal advisor will be able to tell you whether they think you might have a case or not.
How much compensation could you receive?
After you consult a legal advisor, he will put you in touch with one of their solicitors. They will look at the cover:
- The value of your pain and suffering,
- The loss of earnings you might have been through while off work
- Any savings you have emptied to cover bills or other costs
- Any private medical charge you’ve needed to put your injury right
- Transport or arrangement costs for you and your family while you were receiving treatment
- Any future expenses or adaptations to your home
- Social affairs, activities that you’ve missed out on
Start Your Claim.
Starting a medical error claim might seem stressful at a hard time, but financial help can help reduce the impact your injury has had and help you move forward with your life. You can get in touch with a legal adviser for free advice.
It is vital not to forget that those who were treating you have a responsibility to help you recover and deliver the highest quality of care. If failed, you have a right to make a claim.