While cases of missed Cancer diagnosis and delayed treatments have been widely reported, as a consequence of Covid restrictions, we are also seeing an unexpected rise in claims relating to elective surgery – in particular, orthopaedic procedures such as hip and knee replacements.

Why are we seeing a rise in Medical Negligence claims for elective surgery?

The complexities are two-fold, firstly many operations were cancelled in March/April 2020 which resulted in a waiting list backlog that needed to be cleared, but ongoing restrictions meant that hospital wards wanted patients in and out as quickly as possible to reduce the chances of catching Covid while in hospital. Unfortunately, this may have resulted in inadequate aftercare.

Private healthcare providers such as Spire Healthcare, were were sub-contracted to increase surgical capacity and help reduce the number of people awaiting surgery.

However, the capacity for aftercare was not increased – with a dire shortage of available NHS physiotherapists on hand to implement vital mobility exercises that would prevent permanent damage to the ligaments.

Examples of Medical Negligence cases arising from elective surgery

  • Patients suffering from infections (and in some cases, Sepsis) as a result of poor aftercare
  • Patients suffering post-surgery blood clots that were not quickly diagnosed and treated
  • Permanent damage / injury after surgery as a direct result of rehabilitation treatment from a physiotherapist being unavailable within the required time frame

What to do if you think you have a claim?

Legally, you have 3 years from when the negligence occurred (or from when you became aware of your injuries) and cases are usually handled on a No Win, No Fee basis if our Medical Negligence department believe you have a strong case.

TEN Legal have a robust track record in settling these types of cases successfully, with our in-house specialist Chris Davies leading the department.

You can email Chris for a no-obligation chat about whether you may have a claim, at cd@tenlegal.co.uk