Delayed Surgery Compensation Claims

When you seek medical treatment, you have the right to expect a proper examination, diagnostic tests and treatment to correct the issue. While this seems simple in theory, long waiting times and shockingly understaffed hospitals often lead to delays.

According to the British Medical Association, the NHS has a massive backlog of patients waiting for treatment. In 2023 alone, over six million patients were waiting for treatment, with hundreds of thousands waiting for over a year.

While hospitals have to balance non-urgent cases with emergencies, long waiting times can result in complications and missed diagnoses.

• Busy Hospitals: Every hospital has limited resources, but it must allocate operating rooms, surgeons, and equipment to each department. Long waiting times and frequent cancellations are common, but they should never compromise a patient’s health.
• Errors: Mistakes don’t just happen in the hospital. A GP could fail to send a patient for tests or diagnose the wrong condition. When this happens, the patient could make a misdiagnosis claim.
• Neglect: Many hospitals struggle with an influx of patients but don’t have the resources to correctly assess and diagnose them. Even though budgets, overloaded IT systems and delayed access to testing equipment might be out of the hospital’s control, it can still count as negligence.

For some people, a delay in surgery is nothing more than an annoyance or inconvenience. Others aren’t so lucky. Nobody is referred for surgery unless they require treatment, so delaying any procedure can lead to a range of complications.

In worst-case scenarios, it might also cause fatalities, leaving loved ones with limited financial support and the emotional toll of losing someone. Here are the most common consequences that often result in medical negligence claims:

• Worsening Conditions: Leaving a condition to get worse or trying to medicate it can lead to severe complications. For example, gallbladder removal might seem like a minor procedure, but delayed treatments might mean the person can no longer work or perform daily tasks.
• Delay in Diagnosis: The BMA Report also showed that the NHS isn’t meeting its cancer targets. A delayed cancer diagnosis could mean the patient requires more invasive treatment. In some cases, it could also mean there are no available treatment options.
• Surgical Errors: If a patient’s already had diagnostic surgery or other surgical treatment, they might require a revision. Medical professionals who fail to refer the patient for further procedures could cause further complications.
• Wrong Treatment: Another consequence of surgical delays is administering the wrong treatment to patients. For example, if a patient doesn’t receive exploratory surgery and is treated for gastric symptoms that are actually cancer, this can count as a surgical error or negligent treatment.

If your treatment or surgery was delayed, you might be able to make a medical negligence claim. The first step in claiming compensation is to call 0800 234 6438 or use the online form and seek free legal advice.

A specialist will assess your case and decide whether you have the right to make a surgical error, general medical negligence or delayed diagnosis compensation claim.

Your eligibility depends on whether the solicitor can prove that the negligent party:

• Failed in their duty of care by either not recommending surgery, failing to diagnose your condition, or using alternative treatments instead of surgery.
• Your or a loved one’s injuries, complications and prognosis were directly affected due to the delay in surgery.

Making a no win no fee claim gives you more security, as these claims don’t come with any upfront fees. Instead, you’ll only pay the solicitor if they win your case. If you don’t receive compensation, the solicitor won’t get any money, so there are zero financial risks.

Another benefit of conditional fee claims is that solicitors will only take a case if they feel that their client will win.

If a medical professional breached their duty of care, you have every right to claim compensation against the NHS. These claims usually go through NHS Resolution, a specialist body that handles all NHS compensation claims and disputes.

The amount of compensation you receive for a medical negligence claim depends on multiple factors, including the negligence that occurred and how it affects your life. All claims are made up of two components:

• General Damages: The injury or complications themselves and any loss of amenity.
• Special Damages: Your solicitor will also look at any expenses that occur due to the negligence, including travel costs, lost earnings, private medical treatments, etc.

You can use a calculator to get an idea of what you might receive, but each delayed treatment compensation claim is different.

The following compensation amounts are based on other cases and are estimates only. Remember, your case is unique, and you might receive more or less money.