Surgical Negligence Claims South Wales

When you need a surgical procedure, you put considerable faith in the surgical team and medical staff to take care of you. It’s understandable to expect these medical professionals to have outstanding skills and experience in the medical field. Suffering surgical mistakes can be devastating and have a long lasting impact on your life, potentially forever.

If you have suffered from a surgical error caused by medical negligence, our surgical negligence solicitors can help you receive compensation.

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While our team understand that compensation does not reverse the damage done, it can help you to move forward in your life, providing financial assistance for time spent off work, travel to follow up doctor and hospital appointments and more.

With over 30 years of experience representing people like you in these kinds of difficult situations, our specialist medical negligence solicitors in Rhondda Cynon Taff and Bridgend can help you get fair compensation and the answers you deserve.

Why choose Devonalds for your surgical negligence claim?

At Devonalds, we are proud of our strong connection to the local community. Most of our team was born and bred in the Rhondda Cynon Taff area, which is a key part of why we are so passionate about getting the best possible outcomes for each of our clients.

It’s possible that you’ve never dealt with a lawyer before, but we want you to feel totally comfortable when getting in touch with our team. We are people just like you and will be happy to answer your questions clearly and honestly, without unnecessary legal jargon.

Our solicitors know how traumatising surgical negligence can be and strive to provide a comforting service throughout. The same member of our team will handle your claim from start to finish. They will be available by phone and email at all times, so you can always speak to someone who knows you and your case if you have a question or need an update.

Going through court litigation is a concern for many facing medical negligence claims, with many wanting to avoid the hassle completely. At Devonalds, we completely understand this and always aim to resolve your surgical negligence claim outside of court where possible through Alternative Dispute Resolution (ADR).

Unfortunately, methods of ADR are not always the most appropriate approach. In instances like this, our solicitors can guide you through the court claims process, providing the very best representation and personal support.

Speak to us about starting a surgical negligence claim today

For a friendly, informal discussion about whether you might be entitled to surgical negligence compensation, please contact your local team in Bridgend, Caerphilly, Church Village, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.

How surgical negligence compensation claims work

Starting a claim for surgical negligence compensation in South Wales

It’s understandable to be confused and worried about your rights when you have suffered from surgical negligence. Rest assured, our solicitors will take the time to understand your situation and walk you through the options available to you. We provide close personal support for the emotional toll the negligence has likely brought to you and your loved ones.

When you choose to work with our surgical negligence solicitors in South Wales, we offer a free initial consultation. This can help you determine whether you want to proceed with the claims process and if our medical negligence team is the right choice for you.

The consultation process will involve discussing the circumstances surrounding your injury, including the disruption it has had on your life. We will then provide a realistic opinion on whether we believe you have a claim and how much compensation you may be entitled to. Our solicitors will also talk you through how the claims process works and the likely timescales involved.

There is no obligation for you to move forward with the surgical negligence claims process if it is not right for you and your loved ones, but the consultation allows you to be completely aware of the options available.

No win, no fee surgical negligence claims

For most surgical negligence claims, we are able to offer our clients a ‘no win, no fee’ basis, sometimes known as a ‘conditional fee agreement’.

With no win, no fee, you won’t need to pay anything to us to start a claim, with our fees only being applied if we are successful in securing compensation for you. This means there is no financial risk to you in starting a claim as, if your claim does not succeed, you won’t owe us anything.

If your surgical negligence compensation claim is a success, the defendant may be liable to cover the costs of your legal fees, meaning you will not owe us a penny.

Proving surgical errors were caused by medical negligence

During the surgical negligence claims process, it must be proved that surgical errors were caused by medical negligence.

Our solicitors will help you prove surgical negligence by liaising with medical professionals and reviewing evidence, including:

• Medical records
• Examinations by independent medical experts
• Witness testimonies

Getting the best possible outcome for your interests is at the core of what we do. Our specialist training and many years of collective expertise can ensure your case is strong from the start.

We will gather all the necessary supporting evidence and prepare your case to ensure you have the best chance of securing compensation for surgical errors through methods of ADR or achieving the highest amount of compensation available if your case goes to court.

Valuing your surgical negligence compensation

At Devonalds, we understand the importance of receiving the highest value of compensation available for your suffering.

When the value of compensation is worked out, this is referred to as ‘assessing quantum’ or ‘assessing quantum of damages’. This will involve looking at the ways your injuries have impacted you both financially and non-financially.

The value of compensation you may be eligible for will cover various issues, including

• The cost of medical treatment, specialist care & equipment
• Lost income if you need to take time off or give up work
• Pain and suffering
• Travel costs and other expenses
• Loss of amenity, i.e. not being able to carry out activities you/your loved one would otherwise have enjoyed
• Providing for your/your loved one’s future financial independence

Time limits for surgical negligence compensation claims

When it comes to surgical negligence claims timescales, there are generally three years to make a claim from when the surgical negligence occurred or when the claimant became aware of it but this can change depending on the circumstances of the case.

Generally, the timescales to claim surgical negligence are as follows:

• Up to the age of 18 years old if you are claiming for a child – If the claimant wishes to claim themselves, they have three years from their 18^th birthday up until their 21^st birthday.
• Three years from the date of death for surgical negligence claims for someone who died due to the surgical errors
• There is no time limit to claim for someone who does not have mental capacity

If you are unsure whether you still have time to make a claim, please don’t hesitate to get in touch.

Out-of-court settlements for surgical negligence

At Devonalds, we believe in attempting an amicable approach to surgical negligence claims with an aim to achieve a voluntary settlement with medical providers. Out-of-court approaches are often quicker, less contentious and have lower legal costs than court litigation.

Our solicitors have strong negotiation skills and experience assisting clients to reach voluntary settlements through methods of Alternative Dispute Resolution (ADR), even where the claim is more complicated and of higher value.

Our medical negligence team in South Wales are dedicated to achieving the maximum available compensation for your suffering, so we will always make sure you are clear about your options and the likely outcomes from the start.

If your claim goes to court

Should court proceedings be needed to secure appropriate compensation, we have the experience to give you the best chance of a positive outcome. We regularly work with specialist barristers and other professional experts, so can ensure your case is constructed and presented in the most effective way possible.

We understand the thought of court proceedings can be daunting. Our team will support you every step of the way, making sure you understand what to expect and what the potential outcomes are.

Common questions about surgical negligence claims

What is surgical negligence?

Simply put, surgical negligence is when medical professionals, such as surgeons, make surgical mistakes during a procedure which cause injury to the patient. This could be causing an already existing problem to get severely worse or causing a different injury.

Examples of surgical negligence include:

• Wrong procedure carried out
• Unnecessary surgery
• Wrong body part being operated on
• Foreign surgical objects left inside the body
• Orthopaedic errors
• Perforation of organs
• Accidental severing of blood vessels or nerves
• Anaesthesia errors, such as too much or too little administered

What should I do if my surgeon made a mistake?

If your surgeon makes a mistake, it can be very upsetting with the potential to cause serious complications for your health and wellbeing.

It’s important that you quickly speak to a legal professional who can advise you on the next steps, such as making a surgical negligence compensation claim.

What happens if surgery goes wrong?

Surgery gone wrong is understandably scary, especially where it causes you injury. Sadly, surgical mistakes have the possibility to impact every aspect of your life, including loss of amenity (not being able to carry out activities you previously could), financial difficulties and more.

How often are mistakes made in surgery?

In the UK, medical care standards, including surgical practice, are generally excellent, meaning it is uncommon for surgical errors to occur, but this doesn’t mean they don’t occasionally happen.

Can you sue if an operation goes wrong?

If an operation goes wrong and it was the fault of your surgeon or any other clinical professional involved due to them not fulfilling the reasonably expected level of care, you could be eligible to get compensation for surgical errors.

Medical professionals hold a duty of care and must perform to a reasonable standard. Where they fail to carry out this duty/perform below the reasonably expected standard and it causes an injury, this is known as surgical negligence.

Start a surgical negligence compensation claim

For a friendly, informal discussion about whether you might be entitled to surgical negligence compensation, please contact your local Devonalds team in Bridgend, Caerphilly, Church Village, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.