All invasive operations – no matter how big or small – come with certain risks that can be unavoidable. But some risks can be avoided and some errors or incidents that occur can be spotted and rectified far sooner than they are.
In this article we will briefly discuss the rights of a patient who has suffered due to an accidental cut or incidental damage caused during an invasive procedure, and where they stand from a claims point of view.
As we said earlier, mistakes do happen. Whether you can claim can commonly come down to the following scenarios:
- You were not informed of the risk of such an incident occurring
- You were not informed of the extent of the damage that such a risk could cause
- Inherent risks are not spotted where they should have been done
- Inherent risks are not rectified at the earliest opportunity
Avoidable Mistakes
If you are the victim of what can be seen literally as a mistake that should never have occurred then you may have strong prospects for succeeding with a case. If an organ was cut or damaged during surgery through a mistake that was not an inherent risk and should not have been expected to happen then you can make a claim.
Risk Information
Because many procedures come with risks there is a duty on the NHS / medical professionals to inform you properly of the risk and the consequences that can be caused. If you are undergoing major internal surgery where there is an unavoidable risk that certain organs may be cut or damaged then this risk and its consequences need to be raised with you.
You need to be able to give clear consent and have proper understanding of the risks and the complications that can arise. If this is not the case then you may have a claim where you suffer due to such a risk that you were not adequately informed of.
Failing to identify errors or rectify them
So let’s say you are the victim of an inherent risk that you were fully aware of – but the treating professionals either fail to identify that damage has been caused or they fail to rectify the problem. For example where a cut to an organ is an inherent risk and you are informed that any problems caused will be rectified there and then, but they are not, you may have a case.
Need Advice?
We specialise in medical negligence claims and we are a real law firm who advise and represent victims for medical negligence claims. Just call our free claims helpline on 0800 634 7575 for help and advice today.
