All About Surgery Claims

Last updated on January 21st, 2020 at 09:50 am

Surgery can be traumatic enough as it is, without the added complications of something going wrong. Whatever experience you may have had with medical negligence during your surgery, we can help you make a claim for:

• cosmetic and plastic surgery claims
• gallbladder surgery (laparoscopic cholecystectomy) claims
• keyhole surgery (laparoscopy) claims
• ophthalmic & laser eye surgery claims

If you underwent another type of surgery that is not listed here please contact to discuss your case as we may still be able to help you make a claim.

You can also find out what negative effects of your surgery you can claim for.

Cosmetic and Plastic Surgery Claims

If you’ve suffered as a result of negligent cosmetic surgery or plastic surgery, you may be able to make a medical negligence compensation claim.

Cosmetic surgery has undergone a boom in popularity in recent years in the UK. Unfortunately some of the medical staff conducting these procedures are under-qualified and do not have the necessary specialist skills to carry out the operations safely. Recent new rules mean that all doctors registering after 1st April 2002 have to undergo specialist surgical training before being allowed to conduct cosmetic surgery. However, anyone registered before that date can remain unregulated and may not have undergone any specialist surgical training.

Doctors and nurses working in the private sector still owe the same duty of care to their patients as those working within the NHS. As many cosmetic surgery operations are conducted on a private fee paying basis (rather than through the NHS) you can sue on a breach of contract basis if you have received negligent care. We can also help you to pursue a claim if your operation was carried out by the NHS.

Some of the common areas of negligence within the cosmetic and plastic surgery fields include:

• Unexpected scarring following operations – this can include facelifts, breast implants and uplifts, breast reduction and liposuction
• Unevenness after breast implants, breast reduction or uplifts
• Infections following surgery
• Injury to the accessory nerve after a face lift operation
• Problems with eye sight following laser eye surgery
• Problems following Botox treatment, including lip augmentation or enhancement

We can pursue compensation claims following any type of surgery where someone can be shown to have been negligent including:

• rhinoplasty
• otoplasty
• mentoplasty
• chin tucks
• hair replacement
• liposuction
• breast implants, reduction and uplifting
• chemical peels
• laser eye surgery
• face lifts (rhytidectomy)
• Botox administration

Gallbladder Surgery (Laparoscopic Cholecystectomy) Claims

The formation of stones in the gallbladder, blocking the bile duct, is a common and very painful problem. The most common method of removing a person’s gallbladder is through the use of laparoscopic (keyhole) surgery. The gallbladder is usually removed by clipping the cystic artery and the cystic duct and peeling the gallbladder from the liver bed.

There are many benefits to keyhole surgery, however in some cases mistakes are made giving rise to potential medical negligence claims.

A common surgical error during laparoscopic cholecystectomy is damage to the common bile duct that can in turn cause infection to the liver. Other injuries that can be caused by this type of surgery are:

• damage to major blood vessels
• damage to the bowel and bladder damage.

These can all require immediate surgery to repair the damage and can, in some cases, lead to serious and even life threatening infections.

Read how medical negligence solicitor, Nikki Yavari, won £200,000 in compensation for a woman who suffered negligent treatment when having her gallbladder removed.

Peritonitis

Peritonitis is an inflammation of the thin membrane lining, called the peritoneum, which covers the intestinal tract and surrounds the organs of the abdomen. Peritonitis is usually caused by damage to the intestine so that the contents (eg, bile from the gallbladder) escape and infect the peritoneum.

Peritonitis will normally require immediate surgery followed by antibiotics to treat the infection.

Keyhole Surgery (Laparoscopy) Claims

Laparoscopic surgery, also called keyhole surgery, is a modern surgical technique in which operations in the abdomen are performed through small incisions in the body instead of the larger incisions needed in traditional surgical procedures. It has many benefits over traditional surgery when conducted successfully, including reduced recovery time and reduced pain and suffering for the patient.

Laparoscopy is performed using minute surgical tools that are inserted into the body along with a miniature camera that is used to guide the tools to the operation site.

Injuries caused during laparoscopic surgery are one of the most common types of medical negligence compensation claims made in the UK today. This is partly due to the commonplace nature of the procedure and partly due to the ‘blind’ entry into the body that is required at the start of the laparoscopy.

Once the camera is inserted into the body the surgeon has feedback and can see what he is doing, using the pictures to navigate through the body. Unfortunately most injuries occur at the point of entry into the body where an error in judgement can cause damage to the patient. Claims may also arise due to damage caused by surgical instruments to various part of the anatomy including: vital organs, the bowel, bladder or blood vessels.

If a surgeon fails to follow best practice and accepted laparoscopic surgery protocols, and injury is caused, you may be entitled to make a claim for compensation.

Ophthalmic & Laser Eye Surgery Claims

Our specialist medical negligence solicitors are experts in dealing with all types of ophthalmic negligence cases. If you have suffered as a result of negligent ophthalmic treatment or care, you may be able to make a claim for compensation.

Some typical eye-related claims we handle are:

Laser eye surgery

Vision correction surgery (also known as LASIK, LASEK and PRK) is an increasingly common method used to correct long and short sightedness. It involves the use of a laser to change the shape of the cornea, which is the transparent part of the eye that covers the iris and the pupil. The surgery can be highly effective in leading to reduced dependency on glasses. In most cases the surgery is carried out privately with the patient bearing the cost.

Unfortunately in some cases problems have occurred, ranging from dryness of the eyes and night vision problems to astigmatism and permanent eye damage.
Most of the problems can be avoided with careful pre-operative checks. Some patients may not be suitable candidates for laser eye surgery and thorough screening beforehand should identify these.

Problems can also occur due to incorrect operation of laser eye surgery equipment.

Cataract surgery

Cataracts are a very common cause of impaired vision. It is often an age related degenerative disorder, although it does have other causes.

Cataract surgery can be an effective method of improving eyesight and involves the lens of the eye being broken down into tiny pieces that are removed through a small cut in the eye. The lens is then replaced with an artificial one.

Problems can occur due to faulty technique during the surgery and insertion of the wrong type of lens because of incorrect pre-operative assessment.

Retinal detachment

A detached retina is a serious condition that can lead to blindness if it is not diagnosed and treated very quickly. It affects about 1 in 10,000 people.

The retina is the innermost layer at the back of the eye that contains millions of tiny light receptors that convert the visual image formed by the eye’s optical system into electrical impulses. These are then relayed along the optic nerve to the brain.

In certain circumstances it is possible that the retina can become detached from its underlying layer, the choroid, which contains the many blood vessels that provide the retina with its nourishment. When this happens, vision in the affected region is lost. The retina may also become torn at the point of detachment. The situation can be exacerbated if fluids such as blood or vitreous fluid from the space in front of the retina penetrate beneath it.

Medical negligence cases involving retinal detachment tend to revolve around early detection and referral to specialists ophthalmologists. Early signs of retinal detachment are often picked up by opticians during routine eye tests and patients are then referred to their GP and then on to an ophthalmologist.

Ophthalmologists and optometrists have the same duty of care towards you as medical practitioners, so if you have suffered as a result of late diagnosis, late referral or negligent treatment, contact us in confidence and one of our specialist medical negligence solicitors will assess your claim.

What can I claim?

The value of your claim will depend on a number of factors including:

• The nature of the illness or injury
• Whether you recover fully from the illness or if it has a long term effect on your health and wellbeing
• The amount of any losses you incur as a result of the injury

You can claim compensation for the following things if they are a result of your injury:

• Pain, suffering and loss of amenity
• Loss of earnings
• Medical and nursing care costs
• Special equipment needed to carry out daily activities and any costs involved in adapting your home
• Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment

Contact us to speak to one of our specialist lawyers in total confidence and they will discuss the details of your claim.

Read how solicitor, Nikki Yavari, won £165,000 for a woman who suffered negligent treatment in hospital.