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Surgical Negligence Claims

Surgical Negligence Claims are one of the main types of Medical Negligence claim.
Whilst Surgical Negligence Claims are common, not all adverse surgical outcomes are negligent. All surgical procedures carry with them some risks. Certain procedures carry a higher chance of an adverse outcome. Others have low risks but those risks may sometimes be more serious.
A surgeon must take account of these risks when deciding on the best course of treatment. Naturally, they are trained to do this and are usually highly experienced. The patient must also be fully appraised of the risks that they face in consenting to surgery.
In the vast majority of cases surgery is performed to excellent standards and the outcome is more than satisfactory. However, sometimes things do go wrong leaving the patient feeling distressed and in a worse position than before the surgery.
Often, an adverse outcome is not due to the incompetence of the surgeon, but rather the inherent risks of that particular surgery.
Many surgical negligence claims arise from poor surgical technique employed during the procedure (this is especially so when there has been damage to the common bile duct). In this situation the patient is left injured and with their faith in the medical profession damaged, making future decisions relating to surgery all the more difficult.
Mistakes are made and the majority of Surgical Negligence Claims relate to:
- Retention of medical instruments (e.g. swabs);
- Awareness during surgery;
- Poor results following cosmetic surgery or damage during cosmetic surgery to nerves e.t.c.;
- Damage to internal organs (especially the bladder).
- Negligent Spinal Surgery
- Wrong Site Surgery
- Nerve Damage
- Cauda Equina Syndrome
- Unnecessary Operations


