If you suspect surgical error occurred during the course of your care, you may need the help of a professional to establish what happened and an investigation will need to take place.
Someone will need to study the written records of what happened. Additional expert evidence may be requested to assess whether what happened was a case of clinical negligence.
To find out what happened, it may also be necessary to take statements from those people involved or who were present.
Ultimately, if the parties involved cannot agree what happened, there may need to be a court hearing to decide the issue.
Can I sue a hospital for wrong site surgery?
If you had the wrong surgery, you can seek to take legal action against the NHS. You will need to issue a claim within a given period (normally three years). To succeed, you will need to prove that the healthcare provider breached the duty of care it owed you and caused you harm.
As part of the process, you will need to gather and assess evidence. This is why you will nearly always require the help of a solicitor with specialist experience of medical negligence claims.
How do you prevent wrong site surgery?
As a patient, it is difficult to prevent an error, particularly as you will not expect a mistake to occur and are unlikely to know about it until after it has happened.
If you are having a procedure, be vigilant and make sure you tell those responsible for your care where the correct site is (if you know). If you think you see them making a mistake, tell them.
Seeking professional advice with a wrong site surgery claim
If you think or know you have suffered a wrong surgical site procedure, it may amount to medical negligence. This will depend on the circumstances and whether the medical care you received was below a reasonable standard.
If it was due to medical negligence, you may be able to claim damages and compensation for what happened.
The first step should always be to seek an opinion from a medical professional. You should also consider getting advice from a clinical negligence solicitor. They can evaluate what happened and advise whether you have a claim.
If it is decided that you do have a case, your solicitor will be able to guide and assist you through the claims process and help you receive the right compensation for you.
At Devonshires Claims, our team of clinical negligence solicitors have the knowledge and expertise needed to competently handle medical negligence cases involving wrong site surgery.
Our solicitors can help you collect the evidence needed to make a claim, and represent you through the legal process on a ‘no win no fee’ basis