What Can You Do If You Are The Victim Of A Surgeon's Medical Negligence?

When you enter hospital to undergo surgery you do not expect to leave the hospital as a victim of medical negligence

. If this has happened to you, you might be asking yourself why are there so many medical negligence claims and what is being done to reduce them?

Medical Negligence Claims.

Medical negligence compensation payouts account for the biggest growth industry in the healthcare profession over the course of the last 20 years. The compensation paid out amounts to approximately 10% of a National Health Service Trust's turnover, so clearly it is a significant drain on the NHS, so why is this? One reason for this is the amount of surgery undertaken by NHS Trusts because surgery is always risky.

Reasons For Surgeons Medical Negligence.

General surgeons are the most likely ones to face a medical negligence claim as they have an increased chance of committing negligence of around 33%. The main reason for this is that they do not specialise in a particular type of surgery. This means that they are more likely to make mistakes when operating.

The main reasons that are likely to lead to a claim can include:

* Improperly performed surgery.

* Unecessary surgical procedures.

* Foreign bodies left in patients.

* Delay in surgical procedures.

In minor surgical procedures, such as endoscopy, flexible sigmoidoscopy or colnoscopy, the complications which might lead to a medical negligence claim can include:

* Perforation.

* Bleeding.

* Sedation.

* Missed lesion.

* Pancreatitis.

Consent.

Another reason that might lead to someone making a medical negligence claim against a surgeon is consent. All patients must give their consent to any surgical procedure but there might be occasions when the consent was not properly obtained.

If the surgeon fails to properly explain the full nature of the procedure before asking the patient to provide consent, he may be negligent. Also, the consent must be in writing for it to be valid. A final reason that consent might lead to a medical negligence claim is a failure to fully explain the possible complications of the surgical procedure. If the patient signs the consent without fully understanding the possible complications and the percentage of risk attached to the likely complication, this may give adequate grounds to make a claim for compensation.

Your Options.

If you think that you have been the victim of a surgeon's negligence you should seek advice from a medical negligence solicitor who will be able to review the procedure by looking at your medical notes both before and after the surgery and explain the likely prospects of making a successful claim.

You should be able to obtain the advice under a No Win No Fee agreement. This allows you to make a claim safe in the knowledge that should you lose you will not have to pay the costs of the NHS Litigation Authority or your own solicitors costs. In most cases, your solicitor will often agree to pay for the medical evidence to support your claim, saving you the worry of financing the claim at an already stressful time.

Copyright (c) 2010 Julie Glynn

by: Julie Glynn

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