We approach such cases in a professional and efficient manner, but with sensitivity. We're aware that the consequences of surgical error and complications can take their toll, physically and mentally.

Other areas of expertise/types of claim

Surgery sometimes goes wrong. It can be during the procedure that the error or complication occurs, or it can happen afterwards - post-operatively.

We can help with cases arising from any type of surgery, from minor operations such as bunionectomies to much more in-depth procedures such as cardiac bypass surgery and neurosurgical procedures; and on problems as a result of both open surgery and laparoscopic ('keyhole') procedures.

We can advise on:

• equipment failures - for example, if ventilation equipment fails
• counting errors - for example, if a swab of piece of equipment has been left in position inside the wound
• anaesthetic issues - for example, being awake through the procedure or waking up mid way through (this can relate to physical pain if the anaesthetic does not completely block the pain, or psychological injury if you can feel no pain but can see and hear what is happening)
• procedural errors - for example, if an area around the operative site is damaged due to inappropriate operative technique
• inappropriate surgery - for example, removing an appendix unnecessarily
• infection to the wound site, internally or externally
• septicaemia (blood poisoning) which becomes apparent after surgery
• plastic surgery cases (link here)

We can also assist with product liability cases relating to surgical errors. Occasionally problems arise during surgery when a piece of equipment fails or breaks. It may be that the operating surgeon could not have done anything to prevent the damage caused by the fault, as the problem stems from the manufacture of the surgical product. We can take action against the manufacturer on your behalf in cases where there is no cause of action against the hospital or operating doctor, but where you have sustained injury through no fault of your own.

Why use Access Legal from Shoosmiths?

Our team has a wealth of expertise in this area and is able to advise on all areas competently and concisely. All our lawyers take a caring approach in dealing with clients who have suffered through surgical error, and we understand it can be very difficult to move on from such a distressing incident.

Our experts

We have a very experienced Clinical Negligence team nationwide who have a wealth of expertise in this area. Key contacts are:

• Richard Follis - Partner and National Head of Clinical Negligence
• Andrea Rusbridge - Partner and Team Leader
• Kay Taylor - Fellow of the Institute of Legal Executives and Team Leader

Important things to consider

If your case is successful and you receive compensation for your injuries, you may need to protect that sum, as failure to do so could result in you losing the right to claim means-tested benefits. We can advise on so-called Special Needs Trusts to help protect those benefits.

What do I do next?

We are able to advise you on the merits of your case at a free consultation with a member of our team. We appreciate that the circumstances leading to you contacting us may be very distressing, but we will support you through each step and keep you fully updated regarding the progress of your case.

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