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Misdiagnosed infections after surgery claims

If you or a loved one have suffered complications due to a misdiagnosed infection following surgery, the impact can be severe, leading to prolonged illness, pain, additional medical expenses and lost earnings. Surgical procedures come with inherent risks, however, if an infection is not correctly identified and treated promptly after surgery, it can result in serious consequences. At Stephensons, our experienced medical negligence solicitors specialise in helping individuals and families affected by misdiagnosed infections obtain rightful compensation and justice.

 

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What is a misdiagnosed infection after surgery?

A misdiagnosed infection after surgery occurs when medical professionals fail to correctly detect, diagnose or treat a bacterial or viral infection that develops after an operation. Post-operative infections may arise due to inadequate hygiene practices, improper wound management or delayed administration of antibiotics. If these infections are not identified quickly, they may spread and cause complications such as sepsis, organ failure or other critical illnesses. Misdiagnosis typically involves situations where doctors overlook symptoms, delay necessary tests, misinterpret lab results, or attribute infection symptoms incorrectly to other conditions.

Patients rely heavily on the competence and diligence of healthcare providers. When medical practitioners breach their duty of care, leading to unnecessary unnecessary suffering or further medical procedures, this can constitute medical negligence.

Can you claim compensation for misdiagnosed infections after surgery?

If you have suffered due to a misdiagnosed infection after surgery, you may be entitled to compensation. Successful medical negligence claims typically involve demonstrating that:

  • Breach of Duty - Your medical/healthcare provider failed to diagnose or deliver a standard of care, which was performed below what a reasonable or competent practitioners would do in similar circumstances.
  • Causation - You experienced harm or injury as a direct consequence of this misdiagnosis. The harm suffered was avoidable had the proper standards of care been observed.

Examples of potential eligible claims include prolonged hospitalisation, additional surgical interventions, physical and psychological suffering, and financial losses such as lost wages or expenses due to extended care and treatment.

Why choose us

Stephensons is a leading UK law firm with extensive experience securing compensation for patients who have experienced medical negligence. Our dedicated and compassionate team of solicitors understand the distress a misdiagnosis can cause and are committed to delivering exceptional legal support.

We are accredited by the Law Society's Clinical Negligence Accreditation Scheme and Legal 500 recommended, recognising our proven track record and commitment to supporting clients through complex cases. Stephensons take pride in our excellent reputation, built around expertise, understanding and a client-centred approach. We offer tailored advice, guiding you step-by-step through your claim to ensure the very best outcome possible.

How we can help

Our specialist medical negligence team will start by discussing your individual case in confidence to fully understand your circumstances. We will then carry out thorough investigations and gather expert medical opinions to build a robust case on your behalf.

At Stephensons, we strive to alleviate any additional stress by clearly explaining every stage of the claims process, dealing directly with healthcare providers and insurers, and advocating assertively for your compensation entitlement. We offer various funding options, including no win, no fee agreements, making accessing justice straightforward and worry-free.

Contact us today

If you believe you or a loved one have suffered as a result of a misdiagnosed infection after surgery, please speak to one of our specialist medical negligence solicitors today. Call our expert team on 0161 696 6165 or fill in our enquiry form for a callback. Our compassionate legal professionals are ready to listen to your experience and advise on the next suitable steps.

Frequently asked questions

How long do I have to make a claim for misdiagnosed infections after surgery?

In line with standard medical negligence claims, according to the Limitation Act 1980, the general time limit for making a compensation claim related to misdiagnosed post-surgical infections in the UK is three years from the date of negligence occurrence or three years from the date you became aware of negligence causing harm (often known as the "date of knowledge"). However, exceptions do exist in specific circumstances, including:

  • If the claimant is under the age of 18, the three-year limitation period begins on their 18th birthday, expiring at age 21.
  • If the claimant lacks mental capacity, the time limitation may potentially be extended indefinitely until the claimant regains capacity.
  • If the alleged defendant agrees to a limitation extension, and/or the Court approves an extension in specific circumstances at its own discretion.

Although three years may seem sufficient, we strongly recommend contacting Stephensons as early as possible after the negligence event occurs. Prompt legal action allows our solicitors maximum opportunity for evidence collection, expert advice, and achieving successful outcomes.

How much compensation could I receive for my misdiagnosed infection?

Compensation amounts vary considerably based on injury severity, the impact of negligence on your health and finances, and other individual circumstances. Compensation typically falls into two categories:

  • General Damages - Compensation awarded for your physical and psychological pain, suffering, and loss of amenity. This is assessed based on the extent, seriousness, and duration of your injuries or illness caused by negligence.
  • Special Damages - These damages comprise compensation for financial losses incurred in the past and/or future due to negligence, including loss of earnings, medical expenses, travel costs, gratuitous care requirements, rehabilitation expenses, home adaptations, and any other related financial losses.

Our solicitors will advise you fully once we discuss your situation in detail.

Will I have to go to court?

Most medical negligence cases are settled out of court through negotiation. We always aim to secure fair compensation amicably. However, should court action be necessary, our experienced solicitors will thoroughly prepare and support you throughout the entire process.

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