Hayley Devlin LLB
Legal writer and former solicitor
Delayed Surgery Compensation Claims
Does your claim qualify? Get free, no obligation advice!
Delayed surgery – whether through a wrongful diagnosis or long waiting times – can lead to further complications, the worsening of your condition, and even fatalities. If you’ve been a victim of medical negligence, you have the right to claim compensation.
The first step is to use the online form or call 0800 234 6438 for free legal advice. If a specialist believes you can make a medical negligence claim, they’ll connect you with a no win no fee solicitor.
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.
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:
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:
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:
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.
Injury Type | Compensation Amount |
---|---|
Scheduling errors that lead to delays | £12,600 |
Delays for emergency surgery, even after test results | £49,100 |
Delayed cancer diagnosis that leads to the condition spreading | Over £128,000 |
Birth defects due to surgical delays | Up to £1.1 million |
Medical negligence solicitors need to collect evidence that proves your case. Unfortunately, delayed diagnosis claims can be challenging to prove, as it’s not a case of just taking photos of your injuries and asking onlookers for statements.
The following forms of evidence are most effective:
The NHS has an 18-week target from the initial referral to receiving treatment. Unfortunately, these standards aren’t guaranteed, and limited resources often mean patients face much longer waits. It’s important to remember that these targets are for non-urgent cases only.
For example, if someone has a knee injury, they have every right to receive treatment – including surgery – within 18 weeks of their initial referral. People with aggressive forms of cancer should have treatment much sooner.
You should make a medical negligence claim if you were let down by a healthcare professional, as it provides much-needed financial support. Medical negligence claims also hold the NHS accountable and play key roles in ensuring better standards of care in the future.
Delayed treatment claims can provide financial support and ensure your injuries or complications are taken seriously. If you’d like to claim compensation, the first step is to use the online form or call 0800 234 6438 and speak to a legal advisor.
They’ll assess the case and decide whether you can claim for delayed treatment medical negligence. You’ll then receive access to a no win no fee solicitor, who will begin collecting evidence.
As with most no win no fee compensation claims, you’ll have up to three years from when the negligence occurred to claim compensation. These time limits give your solicitor enough time to gather evidence and negotiate with the negligent party.
Getting the ball rolling on your claim immediately is always a good idea, as there’s no saying how long the process will take. Children who were victims of negligent treatment have up to three years from when they turn 18 to make a claim.
Some surgical delays can cause cancer or other potentially fatal conditions to spread, resulting in the patient’s death. Spouses and children could be eligible to claim compensation and receive a payment for the negligence.
These claims can’t ever make up for the loss, but they do mean financially dependent relatives get some financial support.
Both the NHS and private hospitals try to settle out of court, but it’s always an option when both parties fail to reach an agreement.
For example, if your medical negligence solicitor feels you might receive more compensation by taking the case to court, they’ll advise you on the best move. You’ll still be able to make the final decision, and there’s always the option to settle for a lower payout.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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