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Delayed Surgery Compensation Claims

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.

What is a delay in your surgery or treatment?

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.

Examples and causes of commonly delayed treatment or surgery claims:

  • 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.

What are the consequences of delayed treatment or surgery?

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.

Am I eligible for delayed treatment compensation?

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.

Can I claim delayed surgery compensation on a no win no fee basis?

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.

Can you pursue an NHS claim for delay in treatment?

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.

How much compensation can I receive for delayed surgery or treatment?

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.

Example Compensation Amounts for Delayed Surgery Claims

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

What do I need to prove that my surgery or treatment was delayed?

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:

  • Medical Records: Your medical records are vital in a delayed diagnosis claim, as they highlight any tests and consultations you received. The solicitor can also prove that your surgery was delayed.
  • Letters: The hospital will send a letter when they need to reschedule your surgery, so make sure your lawyer has a copy of it.
  • Witnesses: You can get written evidence from a family member, employer, friend or anyone else who sees the immediate and long-term effects your delayed surgery has.
  • Expert Witnesses: Your solicitor might seek advice from an independent witness, who will assess your case and create a statement that highlights how the delay worsen your condition.

How long is it acceptable to wait for surgery or medical treatment?

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.

Why should I make a medical negligence claim?

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.

Get started with your delayed diagnosis compensation claim

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.

How long after surgery can you put forward a claim for a negligent delay in surgery or treatment?

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.

Can family members make delayed diagnosis compensation claims on behalf of a loved one?

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.

How often do medical negligence claims go to court?

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.

Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.
  • *Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

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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