What is failure to prevent post-surgical complications?
Failure to prevent post-surgical complications refers to situations where medical professionals fail to reasonably anticipate, identify, manage or treat complications which may occur after surgery. Such complications can include infections, internal bleeding, organ damage, blood clots, pressure sores, sepsis, delayed wound healing or even surgical site infections. Healthcare providers have a duty to monitor patient recovery thoroughly, ensure prompt diagnosis of complications and provide immediate and effective treatment. When this standard of care falls short, serious harm can result, potentially leading to prolonged recovery, permanent disability or even loss of life.
Can you claim compensation for failure to prevent post-surgical complications?
If you have suffered injury or adverse consequences due to the negligence or oversight of medical professionals following surgery, you may be eligible to claim compensation. To secure compensation, your solicitor must establish that:
- You received sub-standard care which fell below accepted medical standards
- The negligence directly resulted in additional medical complications or injuries
- You suffered physical pain, emotional distress, prolonged recovery, loss of income or other measurable harm as a direct consequence
If these criteria are met, you could be entitled to compensation covering pain and suffering, loss of income, medical expenses, rehabilitative care and any ongoing support you may require.
Why choose us for your medical negligence claim?
At Stephensons, our dedicated medical negligence team has extensive experience successfully handling complex claims involving failures in post-surgical aftercare and complications. We understand the sensitive nature of medical negligence claims and guide you through every stage with empathy, clarity and professionalism.
Stephensons is fully accredited by leading associations including The Law Society's Clinical Negligence Accreditation and the Solicitors Regulation Authority (SRA). We have received recognition from The Legal 500 and Chambers UK for our expertise and client-focused approach in medical negligence cases. Our solicitors are known for their meticulous attention to detail, robust approach to securing maximum compensation and their commitment to ensuring justice for victims of medical negligence.
We offer tailored legal advice, flexible funding options including no-win no-fee arrangements and complete transparency throughout the claims process.
How we can help
Our specialist solicitors at Stephensons will start by providing you a free, no-obligation initial consultation to understand your situation. We will advise you clearly on the strength of your case, the compensation you could be entitled to and walk you through every phase of the claims process.
We will investigate your claim thoroughly, collect necessary medical evidence, engage specialist medical experts to strengthen your case and handle all communications and negotiations with the responsible parties. Throughout your claim, our priority is to minimise stress for you and your family, ensuring you receive the compensation you need to move forward and rebuild your life.
Contact us today
If you or a loved one has suffered due to a failure to prevent post-surgical complications, contact our expert team at Stephensons today. Call us on
0161 696 6165 or complete our enquiry form and we'll call you back at a convenient time.
Frequently asked questions about post-surgical complication claims
What types of surgical procedures can result in claims for post-surgical complications?
Claims can arise out of any surgical procedure, from minor surgeries through to major operations, if negligence or inadequate aftercare has resulted in avoidable complications and injuries.
How much compensation will I receive?
Compensation amounts vary depending on the severity and impact of your injuries and losses you have incurred. Our solicitors will carefully assess your claim and provide a detailed overview of what you could receive based on similar cases and judicial compensation guidelines.
How long do I have to make a claim for post-surgical complications?
In line with standard medical negligence claims, according to the Limitation Act 1980, the general time limit for making a compensation claim related to failure to prevent post-surgical complications 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.
Will I have to go to court?
Most medical negligence claims are resolved through negotiation and settlement without the need for court proceedings. However, if your case does proceed to court, our experienced team will provide strong and effective representation at every stage.
How long does the claims process take?
The timeframe varies depending on the complexity and specifics of each case. While some claims can reach settlement relatively quickly, complex cases may take longer, but our solicitors always strive to achieve the best outcome as efficiently as possible.
