Hernia Surgery Negligence Claims

Hernias are common injuries that happen when part of your insides bulges through the abdominal wall or other muscles. They usually occur in the groin or abdomen, depending on the type of hernia you have. According to PubMed, the UK sees over 100,000 hernia injuries yearly, with each requiring repairs.

• Inguinal Hernias: The most common form of hernia injury, an inguinal hernia often occurs when the bowel protrudes into the inguinal canal (located along the inner thigh). Males are most at risk of these injuries, but they can also impact women.
• Hiatal Hernia: Also known as a hiatus hernia, these injuries occur when the stomach bulges upwards into the chest. They’re not as common as inguinal hernias but can – and do – happen.
• Umbilical Hernia: An umbilical hernia occurs when the umbilical cord pushes through an opening in the abdominal wall. Most hernias are congenital, meaning they’re present from birth. Some babies might also develop a diaphragmatic hernia, which is more severe.
• Incisional Hernia: Individuals who have abdominal surgery are most at risk of incisional hernias, as they occur due to weakness in the former incision site.
• Spinal Hernia: While other types of hernias exist, including perineal and ventral, the above conditions are the most common.

Despite the NHS performing over 100,000 hernia operations annually, that doesn’t mean there aren’t complications from some procedures. Unfortunately, some errors are unavoidable, but others occur due to medical negligence.

If you can prove that an NHS or private medical facility didn’t align with the standards in place, you have every right to file a claim.

Let’s take a look at the common types of hernia surgery negligence.

Medical professionals should be able to spot the signs of a hernia, and failing to do this can lead to serious complications. While a delayed diagnosis can cause ongoing pain and discomfort, some hernias might also become strangulated.

A strangulated hernia has no blood supply, which requires immediate medical attention. Failing to act quickly could cause extreme complications and even fatalities.

The most common way to treat hernias is through hernia mesh surgery. Most hernia repairs use this route to create a strong structure for the tissue to grow around. When the doctor doesn’t apply the surgical mesh correctly or uses a faulty one, it can cause extreme pain and infections.

An example of a surgical error would be damaging internal organs during hernia repair surgery. While these cases are incredibly rare, they can and do happen. When a medical professional causes complications, you can make a claim for surgical errors and receive compensation.

Nobody should have to live with the immediate and long-term effects of hernia surgery negligence. Many people find they deal with a range of complications and might need further treatments. Common effects include:

• Chronic Pain: When hernia surgery is performed incorrectly, it can cause severe pain and discomfort. Some people also experience nerve damage, which might cause tingling and numbness.
• Infection: Poor aftercare can lead to infections developing around the surgical site, causing swelling, pain, and other complications.
• Bowel Obstruction: Some hernias can also cause bowel obstructions, which are life-threatening without emergency surgery.
• Organ Damage: If the surgeon makes a mistake during the procedure, it could damage nearby organs. Depending on the organ, extensive surgical repairs might be necessary, and the damage could also result in a long-term disability.
• Recurrence: When a hernia isn’t repaired correctly, it can recur, which means you’ll need more surgery.

Aside from the surgical procedure and infections, the mesh can cause complications. All of the following cause pain, and some are even life-threatening:

• Adhesions: When the hernia mesh sticks to internal organs, it can cause extensive pain and bowel obstructions.
• Rejection: The body can also reject the mesh, which can cause a range of side effects, including pain and inflammation.
• Migration: While rare, the mesh might migrate to other body parts, causing pain and discomfort. Most patients also require revision surgery.

If you suffered negligence before, during, or after hernia surgery, you might be eligible for compensation. To determine your eligibility, please call 0800 234 6438 or use the online form for access to free legal advice.

Once the specialist assesses your case, they’ll determine whether there are grounds to make a medical negligence claim. A successful claim relies on the following factors:

The healthcare professional clearly breached their duty of care (this can be a GP who doesn’t refer you to a surgeon or errors during the procedure).

This breach of duty clearly caused harm or injury. For example, if you have the symptoms of a hernia but don’t seek treatment until weeks later, it doesn’t count as medical negligence if there are complications.

No win, no fee hernia surgery compensation claims are one of the most popular ways to secure a payment, as you don’t need to worry about upfront fees. Instead, a solicitor will work on a conditional fee basis, putting a case together and negotiating with the negligent party on your behalf.

You’ll only pay the lawyer if your no-win, no fee hernia compensation claim is successful, meaning there are zero financial risks. There’s also added peace of mind that the solicitor is only likely to accept your case if they believe you’ll secure compensation.

Medical negligence claims are notoriously challenging to prove, and the amount you receive can depend on numerous factors, including the injuries, any complications, and whether the negligent party is willing to negotiate.

While a compensation calculator can give you a ballpark figure, speaking to a specialist advisor is the best way to determine your compensation.

Your solicitor will calculate your claim based on both general and special damages:

• General damages refer to the complication or injury itself and any loss of amenity.
• Special damages are your expenses associated with the injury, including lost earnings, private medical expenses, and travel costs.

While some hernia compensation claims might settle for a few thousand pounds, others can exceed £140,000.

Your ability to claim compensation depends on whether your solicitor can present evidence that strengthens your case. While the lawyer will collect evidence on your behalf, it’s also a good idea to gather your own. The following types of evidence are vital in clinical negligence claims:

• Medical Records: Successful hernia surgery claims rely on medical evidence, which includes detailed records. These notes will contain information about any appointments, referrals, and the procedure itself, including any negligent decisions.
• Photos: Visual evidence is also important for your compensation claim, as it can show the aftereffects of negligent medical treatment.
• Witnesses: If there are any witnesses to the complications caused by hernia surgery errors, they can detail the impact on your life. Your solicitor might also ask for an independent expert to assess your injuries and create a report.
• Financial Records: Keeping receipts of all financial expenses associated with your injury ensures you can claim special damages.

If you’re interested in claiming compensation, it’s best to discover your eligibility first. Filling out the online form or calling 0800 234 6438 gives you access to free legal advice. If the advisor feels you might be eligible for compensation, they’ll connect you with no win, no fee medical negligence solicitors.

If you want to make a no-win, no-fee personal injury claim, you’ll need to begin the process within three years of the injury occurring. If a child suffers hernia surgery negligence, they can claim for up to three years after turning 18.

As personal injury claims can take months or even years to settle, it’s best to begin your claim as soon as possible. This gives your solicitor plenty of time to put a case together and negotiate a fair settlement.

Every hernia compensation claim is different, and the time yours takes depends on numerous factors. Firstly, the NHS or private facility needs to admit medical negligence; then your solicitor has to negotiate a settlement that aligns with your general damages and financial losses.

While some claims take a few weeks, others can take years if both parties fail to reach an agreement. In some cases, the claim might go to court, but your lawyer will try to avoid this.

It depends on your unique circumstances. Most people use the NHS, and their claim will go through the Resolution service, which handles all of the payments. If you received treatment in a private hospital, the negligent party’s insurance company will negotiate with your solicitor.