Hospital visits are not a pleasant experience for anyone. But health services are a vital provision, and, despite the difficult nature of healthcare and surgical intervention, a fundamental service with holistic support and solidarity. Even so, things can sometimes go wrong when under the knife, even for routine operations – turning an uncomfortable necessity into a nightmare.
What is Surgical Negligence?
Surgical negligence is a specific form of medical negligence, wherein a patient suffers from an error or neglect while in the hands of a surgical team. Surgical negligence can present in several different ways: a surgeon may provide inadequate care, or fail to treat the issue at hand; a surgeon may cause unnecessary harm during the course of the surgery; a surgeon may even leave a foreign object or implement in the body by accident.
Medical negligence is an extremely serious matter overall, as failures in duty of care to patients represent fundamental failings of a health service in its essential purpose – and significant risk to those unfortunate enough to experience it.
As a whole, medical negligence is also extremely costly to healthcare providers. The NHS has a separate body, called NHS Resolution, which exists to handle the civil and legal challenges brought against the service as a result of negligent care. Recent figures have shown that NHS Resolution has spent £13 billion on negligence cases, with the vast majority representing maternity negligence. But surgical negligence, while a smaller constituent part, still accounts for a number of high-value civil claims.
Recognising Surgical Negligence
Surgical errors can be difficult to recognise by patients, for a number of key reasons. Firstly, surgery is a highly specialised skill set, and a patient may not be able to understand the quality of their care without a second opinion from another surgeon or doctor. Secondly, the patient cannot supervise the care they receive, especially when under general anaesthetic. Thirdly, symptoms of surgical negligence may be masked by symptoms of recovery.
There have been some high-profile cases of surgical negligence over the years, representing worst-case scenarios in which surgeons make catastrophic errors or provide unsuitable care. One of the more recent cases involves a controversial mesh surgery, in which prolapsed bowels were treated with the insertion of an artificial mesh. The surgery resulted in painful and debilitating side-effects for many of those prescribed it, causing dozens of negligence claims against its pioneer.
What to Do in the Event of Surgical Negligence
If you believe you have been a victim of surgical negligence, your first port of call should be to speak to a doctor about your concerns. Your symptoms may not align with usual recovery expectations, or you may have noticed new, worsening symptoms since your surgery. A doctor can help verify your concerns.
Next, you should seek civil compensation for your experience. Medical negligence claims are easy to begin, with solicitors often offering free consultations to see evidence and hear your case. Your civil claim will go hand-in-hand with the healthcare provider’s own internal investigations, with evidence from one shoring up the case for the other.
