Compensation Claims In Cases Of Surgical Error
Surgery is almost always a nerve-wracking experience, and if errors are made by the professionals trusted to perform an operation, the consequences can be devastating and permanent.
If you are among those who have suffered in this way, the negligence lawyers with our firm are prepared to assist. Our background includes representation of thousands of individuals who have successfully lodged claims against medical professionals. Our compassion and sensitivity are unrivalled. Because we include in our ranks some of the most highly regarded negligence practitioners in the country, we have what it takes to fight for the outcome you deserve.
Our practice extends to negligence claims related to a whole host of surgery types, such as:
- Eye surgeries
- Cosmetic procedures
- Spine surgery
- Gastroenterology operations
It is important to note that we are happy to take negligence cases on a contingency basis, meaning that we are not entitled to receive legal fees unless and until we achieve success in your case.
If a medical or surgical error has caused you to suffer serious and demonstrable losses, there is no time to waste in consulting with a reputable legal practitioner. Lodging a claim initiates the process through which we will fight for the compensation you need in order to reclaim your life and obtain the therapy, care and treatment you need.
Once I Make A Surgery Negligence Claim, What Happens Next?
Following your initial contact with our firm, we will arrange for your no-cost consultation. During this meeting, we will begin reviewing the facts of your case to determine the merits of the claim. We can also discuss lawsuit funding options and contingency arrangements at this time. This helps take financial considerations out of the equation and makes it easier for you to pursue the justice to which you are entitled.
The next stage in the process is for us to contact the negligent party and invite them to participate in settlement negotiations. If these discussions look promising, we may be able to obtain some degree of compensation to pay for medical expenses and other costs while final resolution of your claim is pending. Interim monies received in this way will ultimately be deducted from any settlement award.
We collaborate with a team of experts capable of thoroughly examining the evidence in your case, including medical records. These individuals will work to establish the standard of care you should have been afforded and how the subsequent errors will impact your life going forward. Through this process, we can begin to get a sense of what sort of care expenses you will incur in the future.
Our goal in every case is to negotiate and resolve cases without the need for formal litigation, as it is the most expedient and cost-effective method. Of course, if the negligent party is unwilling to come to terms or declines responsibility for the injury event, we will not hesitate to move the matter into the courts.
Claimants should keep in mind that even in cases where a trial date is looming, it is still often possible to reach a settlement ahead of time. But, if an adversarial proceeding proves necessary, we will provide step-by-step guidance so that you feel confident and comfortable with what is going to occur.
May I File An Injury Claim On Someone Else’s Behalf?
There are limited situations in which it may be possible to lodge a surgery claim on another party’s behalf. These could include:
- Parents wishing to sue on behalf of their offspring who was negligently injured prior to turning 18 years of age
- Surviving family members whose loved one died as a result of the claimed negligence
- Guardians or conservators for individuals lacking the mental abilities to pursue damages on their own behalf
If your loved one died because of a medical professional’s negligence, we stand ready to assist with securing compensation for the departed’s physical pain, emotional suffering, funeral costs and lost income. We can also provide representation at the formal inquest, help with dependency claims and demand accountability from those responsible for the damage sustained.
Seeking Accountability And Fair Payment
Our team also has experience with securing bereavement awards, which are statutory benefit payments to the parent of a minor, spouse or civil partner of someone who died due to medical or surgical negligence.
Generally speaking, in order to file a negligence claim for an individual who is deceased, it must be done within three years of the date the person died or three years from the time at which the alleged negligence was unearthed.
Limitations On Claims
As stated above, prospective claimants are generally given three years from the surgery in question or three years from the date on which the negligence was realised to be the cause of the harm suffered. Exceptions in this realm do exist however.
Those who were negligently injured in surgery prior to the age of 18 are permitted to file claims until the date they turn 21. Any legal claims made for minor children under 18 need to be made by a parent. Cases of this type have their own limitations period, because injuries can be affected by natural growth processes, and therefore ascertaining monetary losses accurately can be an arduous task.
Lodging a claim for someone lacking in mental capacity is something that can occur outside of the normal three-year period. If the affected individual eventually regains their mental faculties, they are given three years from that date to pursue a negligence claim. Our attorneys can help you navigate all applicable statutes and time frames, so there is no harm in scheduling a no-cost consultation.
Are Contingency Arrangements Available?
We routinely take cases on contingency or a “no win, no fee” basis. As such, there really is no risk whatsoever that otherwise might hinder you from seeking fairness under the law.
At the outset of every cases, we endeavour to have a comprehensive discussion about funding opportunities available to claimants. Those with legal fee insurance or individuals who are union members should find travel quite comfortable indeed. Not everyone realises that a large number of property insurance policies that cover the home will also cover legal expenses of this type.
Should we decide together that a contingency arrangement is likely to work for your personal circumstances, our team will provide a detailed explanation of the process so that you have the information needed to make an informed choice.