Oct 27, 2015
If you've suffered from serious problems after an operation, then you may be able to make a legal claim for medical negligence and possibly receive substantial compensation as a result. If a botched operation has left you seriously injured or disabled, then of course a financial payment can't give you your old life back. However, it can help to make sure that such occurrences are less likely in the future.
Whether your operation was private or on the NHS, the fact remains that you've been let down by a trusted healthcare professional when at your most vulnerable and in need of attentive care. The results of a botched operation can be devastating and long-lasting, with the emotional and psychological scars often as serious as the pain and physical trauma.
Examples of botched operations can include gauze, pads or surgical tools being left inside the body of a patient. Sometimes, surgeons operate on the wrong part of the body, or even on the wrong patient. Too little anaesthetic can cause the patient to wake up mid-operation; too much can cause permanent brain damage. Other common consequences of botched operations include infections and nerve or muscle damage.
To take legal action, you must prove that your healthcare provider or surgeon was medically negligent. This means that your injury was their fault, due to them not doing their job properly, and not an unavoidable accident. You must also prove that your injury was a direct consequence of the botched operation. Proving both these cases usually requires expert evidence.
In most cases, you'll need to make your claim within three years of the injury although it can sometimes be later. The amount of compensation awarded if you win will depend on factors such as the amount of suffering caused, loss of earnings and the level of care you require as a consequence.
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