Surgical Negligence Claims – Key Considerations & Recent Cases
While the quality of private and NHS healthcare in the UK is typically of a very high standard, the fact remains that mistakes can be made on rare occasions. 14,428 medical negligence claims were reported to the NHS last year, with a number of these claims relating specifically to surgical procedures.
This type of medical negligence – surgical negligence – can involve mistakes ranging from relatively minor post-operative complications all the way through to major errors. All can have a significant impact on the lives of those affected, but victims are often unaware that they can make surgical negligence claims to receive some level of compensation for the physical and mental damage done.
However, a recent high-profile investigation involving an orthopaedic surgeon at Great Ormond Street Hospital (GOSH) has started to increase wider understanding that even a single mistake can have life-altering consequences. We examine that case in this article, exploring what surgical negligence is and what it looks like in practice for those eligible to make a claim.
What is surgical negligence?
Surgical negligence occurs when a clinician provides treatment which falls below a standard that you would reasonably expect for the level of the clinician’s experience and specialism. This may involve performing a procedure incorrectly, by doing something they should not have done, or failing to do something which they should have done, causing harm in the long run.
Common examples of surgical negligence are varied and can include leaving foreign objects inside a body, infections from poor hygiene, organ perforation or damage, incorrect surgical procedures, delayed surgery, failure to obtain informed consent and poor post-operative care. These errors can vary in severity and consequences, from minor complications to permanent disability.
Under the GMC standards, clinicians have a duty of care to act as an “ordinary competent practitioner” in all aspects of care, including diagnosis, treatment, and follow-up. When this standard or the professional code of conduct is breached, the consequences of surgical negligence can have a profound and lasting impact on the patient’s quality of life.
Surgical negligence case study
Recent high-profile investigations have shown how breaches of these duties can have significant consequences and may create grounds for significant surgical negligence claims. Reports revealed that an orthopaedic surgeon performed unnecessary and incorrect orthopaedic treatment affecting up to 100 children at Great Ormond Street Hospital (GOSH).
The investigation followed internal concerns and complaints raised about orthopaedic surgeon Yasin Jabbar. As a result, the RCS recommended an independent review and patient recall involving 721 of Mr Jabbar’s patients treated between 2017 and 2022.
During the investigation, an independent panel assessed records, including clinic notes, scans and operation details. It was found that 98 patients experienced some level of harm, and 94 of these cases were linked specifically to the care provided by Mr Jabbar.
The BBC reported further issues, including “premature removal of bone fixation devices” and “operations carried out without a clear rationale”. Furthermore, the severity of the cases includes one child receiving an amputation, with another at risk.
Lessons from the Great Ormond Street investigation
This news raises serious concerns for parents, and particularly for those waiting to receive surgery for their children. Investigations on this scale are extremely rare, but do reveal the potential impact of surgical negligence on both individual patients and on wider trust in healthcare providers.
It’s also important to note that surgical negligence does not always occur on such a large scale. Surgical negligence can also occur as a result of a single incident, such as operating on the wrong site or failing to obtain informed consent. It’s important that you are always aware of your rights, recognise and report substandard care early, and seek professional advice should you believe you could be eligible to make a surgical negligence claim.
What to do if you suspect surgical negligence
If you or a family member believes that you may be the victim of surgical negligence, take action as soon as you can. Keep hold of any evidence you may have, including medical records and scan results.
You should also speak to an experienced surgical negligence solicitor as soon as possible to build your case, ensure your claim is appropriately investigated and that those affected receive the compensation they are owed and the aftercare required.
How GA Solicitors can help
GA Solicitors’ specialist medical negligence team is on hand to assist with your possible claim, with extensive experience handling surgical negligence claims. We can guide you through every step of the process to ensure that you are best positioned to receive compensation for the physical, emotional, and financial impacts of substandard care.
To get advice from one of our expert surgical negligence solicitors in Plymouth, call 01752 203500 today, email enquiries@GAsolicitors.com, or fill in our online claim form, and a member of the team will be in touch.
GA Solicitors’ medical negligence team includes members of the Association of Personal Injury Lawyers (APIL), as well as being ranked in Chambers UK and The Legal 500. You can be assured you are in the best possible hands.
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