Surgical Delay - Surgical Negligence

Compensation for Surgical Delays

There are times when necessary surgery has to be delayed until a patient is well enough to survive the operation, and also occasions when it is impossible for an urgent procedure to take place due to physical or even geographical constraints, but these situations are generally in the minority when it comes to issues of surgical delay.

Time is of the essence with a great deal of medical procedures; wounds can become infected if not treated quickly and appropriately, some cancers can grow and develop very quickly if left untreated, and quality of life can be significantly impaired if operations such as hip or knee replacements are delayed. Sometimes these issues come down to the doctors or medical teams not responding appropriately to symptoms or situations, but in other cases it can be back-office problems that lead to delays. A patient’s medical file going missing, or inadvertently being mixed up with someone else who has the same name are just two examples of how filing and paperwork issues can lead to surgical delay. In these cases it is not the medical staff who are to blame, but the administrative team – although they all work for the same organisation.

Another example is a hip replacement operation that is repeatedly postponed due to staff shortages. Not only does the patient have to spend longer in pain and with limited mobility, but there is also a risk that the damage within the hip can become worse, making the operation more difficult and the reducing the likelihood of a full recovery. In cases such as this it would be inappropriate to blame the surgical team for the delay, so the responsibility lies with the management of the organisation.

In the majority of cases in the UK that organisation is NHS, and in 2015-16 over £400 million was paid out in compensation for delayed treatment. In some cases this was due to cancer treatment targets being missed, in many others it was unacceptable delays in Accident and Emergency treatment: in 2016 over 2,500 patients waited more than 12 hours to be treated, while only 86 percent of A&E patients were seen within four hours – significantly less than the 95% target.

Whatever the reason for the delay, unless it is impossible for the appropriate treatment to be carried out properly, there is a strong chance that anyone whose surgery is unreasonably delayed can make a claim for compensation. Lives can be damaged and even death can be brought forward prematurely if appropriate treatment is not carried out in a timely manner. If you or someone you care for has suffered as a result of their surgery being delayed you should contact one of our highly experienced solicitors today to find out how we can help you and your family get the compensation that you deserve.

To learn more, simply call our experienced Medical Negligence claim team FREE, 24/7 on 0800 999 1374.

If you prefer, you can also start a claim online or request a FREE call back from our specialist Medical Negligence team.