It sounds like something from a horror story – having surgery and feeling pain and discomfort, only to find out that a surgical tool, instrument, or other item has somehow been left inside of you! The sheer thought of it is totally gruesome!
So what happens if you have surgery and find out that you need a second operation to remove something that shouldn’t have been left in there in the first place? Can you make a claim for personal injury compensation?
Proving Negligence
Medical negligence claims can be very difficult to win as it can be hard to prove that an avoidable mistake has happened as opposed to an inherent risk. When it comes to something being left in you after surgery, this can be seen as a mistake. It may sound rather obvious, but there are certainly grounds for a claim to be investigated for you.
This sort of thing simply should never happen.
The mistake may leave you in unnecessary or further pain and discomfort. The requirement to have another operation which would have otherwise been unnecessary if it were not for the mistake is also going to cause further pain and suffering.
So, when it comes to the value of the claim, you can claim compensation for the further and unnecessary pain and suffering you have had to endure as a result of the mistake.
How to Claim
One of the common things to do first is to make a complaint to the hospital about what has happened. Hopefully they accept that they are to blame, and this essentially leaves them liable to compensate you.
We may need to get your medical records as well – something that’s very common to do as part of a medical negligence claim.
100% Compensation
Even though the law has changed and medical negligence claims can be fairly hard to win, we still offer our clients a unique 100% compensation agreement. If we’re happy to offer you a No Win, No Fee agreement, we will not charge you if the claim losses, and we will not take any deductions from your payout to cover the Success Fee which is no longer recoverable due to the government reforms.
Get in touch on 0800 634 75 75 for help and advice today.
