21 September 2016

We all place a great deal of trust in our doctors, however surgical errors are all too common.

There are inherent risks involved in undertaking any form of surgery. Unfortunately, those risks are sometimes amplified by medical practitioners that fail to exercise the reasonable skill, care or expertise expected of a medical practitioner in their position.

Typical surgical errors include:

  • failed plastic surgery;
  • operating on the wrong side or site of the body;
  • undertaking the wrong procedure;
  • undertaking a medical procedure on the wrong patient;
  • failing to provide post-operative care with reasonable care and skill.
  • carrying out surgery that is not necessary;
  • leaving surgical equipment inside a patient post surgery;
  • failing to complete a surgical procedure;
  • surgery that has caused unnecessary scarring or disfigurement.


In order to succeed in a medical negligence claim for a failed surgery, the following must usually be demonstrated:

  • The medical practitioner owed you a duty of care;
  • The medical practitioner breached that duty of care by an act or omission;
  • The act or omission caused harm or injury to you beyond the condition that you were being treated for.

Each matter is different and as such each matter should be considered on its own merits. It is common practice to obtain medical evidence from an expert witnesses (usually a doctor in the medical specialty in question) to provide an opinion as to whether the actions of the medical practitioner were reasonable under the circumstances.

What can I claim?

  • Past and future loss of earnings
  • Past and future medical expenses, surgery and special equipment or aids
  • Domestic care and help provided by friends or family
  • Domestic care paid for and provided by a commercial provider
  • Home and vehicle modification expenses
  • Pain and suffering and loss of enjoyment of life


The above information is general information only. For a free consultation and specific advice regarding your claim from one of our experts please contact us on Free Call 1800 122 555 or complete our Free Advice Form.

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