Surgical Negligence

Have you experienced pain and suffering due to surgical negligence? Surgical negligence is a failure on the part of a surgeon or other medical professional to meet the standard of care during a surgical procedure, resulting in harm to you or your loved one.

If your life has been turned upside down due to surgical negligence, we want to help you get the maximum compensation for the damages, pain and suffering you’ve endured.

What is a surgical negligence claim?

Surgical negligence is a form of medical malpractice that occurs when a surgeon or other medical professional breaches their duty of care and causes harm to a patient as a result of their conduct during a surgical procedure.

To establish a claim for surgical negligence, you need to demonstrate that the surgeon owed you a duty of care, that this duty was breached, and that the breach caused you harm. The patient must also demonstrate that the harm suffered was a foreseeable result of the breach of duty.

The process of making a claim for surgical negligence typically involves the following steps:

1. Seek legal advice from an experienced personal injury lawyer.
2. Your lawyer assesses your claim and determines whether there is a valid basis for a claim for surgical negligence.
3. If a valid claim exists, your lawyer will assist you in preparing and filing a claim in Court.
4. The parties to the claim will participate in pre-trial procedures, including negotiations, and mediation.
5. If the matter cannot be resolved through these pre-trial procedures, the case will proceed to a hearing.

Types of claims

In Australia, surgical negligence claims can arise from a wide range of circumstances, including but not limited to:

Surgical errors: This can include mistakes made during the surgical procedure, such as performing the wrong procedure, leaving instruments inside the patient, or causing damage to surrounding tissues or organs.

Miscommunication: Miscommunication between members of the surgical team can lead to serious mistakes, such as performing the wrong procedure, or administering the wrong medication.

Failure to diagnose: This occurs when a surgeon fails to diagnose a condition or illness that should have been detected during the course of a surgical procedure.

Anaesthesia errors: This can include administering too much or too little anaesthesia, or failing to properly monitor the patient during surgery.

Post-operative care: This can include failing to provide adequate post-operative care, such as proper wound care, pain management, or monitoring of vital signs.

Delayed diagnosis or treatment: This can occur when a surgeon fails to diagnose or treat a condition in a timely manner, resulting in further harm to the patient.

Improper consent: This can occur when a surgeon performs a procedure without obtaining proper informed consent from the patient.