Got a Question?
- What is a Hernia?
- What Are Some Common Facts About Hernia Surgery & Compensation Claims?
- Are Hernia Surgery Complications Caused by Common Risk or Medical Negligence?
- Should I File a Negligent Hernia Surgery Compensation Claim?
- What to Consider When Claiming for Hernia Surgery Compensation?
- Should You Get in Touch with No-WIn, No-Fee Hernia Surgery Solicitors?
- Where Can I Read More About Hernia Surgery Compensation?
Hernias are a condition that affects the abdomen wall. Typically, the abdomen wall around the groin or the upper stomach becomes weakened. This weakness results in the organs around the tissue to become displaced. In some cases the hernia may be moved back into place by a professional hand (being that of a medical staff, doctor, or practitioner). Yet, in most cases surgery is required to prevent blood loss, strangulation of the organ, or further damage to the abdominal tissue.
If you are reading this article, than you has either been denied hernia surgery or you have undergone surgery and have had adverse effects from the surgery. Therefore, it is vital that you understand the standard procedure for hernia surgery in order to help you determine if the effects which you are having now is a common risk factor or negligence.
Every year over 8,000 hernia surgeries are performed. Currently, there are two methods for performing such operations. Open hernia surgery involves placing the patient under anesthesia. The surgeon then stitches together the area where the tissue has become weakened and ruptured. In recent years, laparoscopic/conventional hernia surgery has allowed for tissue fibers to be meshed together. Whether open surgery or laparoscopic, there is a risk of complications. It has been reported1 that 39% of laparoscopic hernia surgeries and 33% or open hernia surgeries result in complications.
When complications occur in surgery, it is common for the medical facility to quickly claim that it is a standard risk of the procedure. Where it is true that some factors (such as swelling at the incision site, bruising, discomfort, and slight bleeding) may occur, other uncommon results (such as tearing due to improper stitching) should not be pushed under the umbrella of “common risks”.
Even if you signed a non-liability or acceptance of risk paper, you may have grounds for a negligence claim if you can show that the doctor, medical staff, or practitioner did not follow procedures which are standard to hernia surgeries.
When considering if you are a victim of negligence, there are two basic categories in which someone may fall. First is the negligence to diagnose a person with a hernia which resulted in emergency surgery. If this is true for you, you have grounds for a claim. The other negligence is formed from those which have undergone negligent surgery.
If you undergone hernia surgery and have experienced nerve damage or damage to the surrounding organs as a result, you may have grounds to a claim. Keep in mind that if you recently had hernia surgery, that the surrounding organs may be bruised. This may or may not be negligence. You are encouraged to seek the diagnosis as to the extent of the damage to the surrounding organs or nerves to help you determine if such damages are extensive or could have been prevented.
Anyone who has undergone hernia surgery and has had the hernia reoccur may have grounds for a claim. This is especially true for those which have had to undergo emergency re-surgery to fix the problems of the first operation.
If you have had hernia surgery which resulted in permanent damage or weakening to the abdominal tissues, you may have grounds to a claim if the damage was not a result of the hernia prior to surgery. Those which were misdiagnosed to the severity of the hernia prior to surgery which has suffered from prolonged weakness of the muscles, nerve damage, or additional corresponding health issues because of the misdiagnosis may have grounds to a claim.
Those which have had a loved one die due to a ruptured hernia may have grounds for a claim. If the hernia ruptured due to the negligence to identify and treat the hernia, you most definitively have grounds for a claim. Hernias which ruptured during surgery are subject to investigation on whether the fatal rupture could have been prevented by another professional surgeon conducting the surgery under similar circumstances.
You should always follow the advice of your medical staff, doctor, or practitioner as to the treatment of your hernia. If you believe that you have a hernia, you are advised to seek immediate medical attention. Should you feel that you have been misdiagnosed, you are advised to get a second professional opinion.
Never put strain on a hernia as this may cause it to rupture.
When filing a negligence claim, there are certain time and documentation requirements needed. Filing your claim as soon as possible maximizes your potential of having a successful claim and getting the most compensation. Please note that compensation is dependent upon the gravity of the injuries sustained, the duration of the injury, the grossness or the negligence, and other contributing factors.
We are here to help you. If you would like to discuss your case to see which option is best to get you the compensation you deserve, we would love to hear from you. Our team is ready to answer any inquires you may have about hernia surgery neglect or any of our offered services.
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If you would like to make a compensation claim for a Hernia Surgery case then call Tylers Solicitors today for a no-obligation chat on (freephone) 0800 699 0079 today!
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No matter where you were injured in the UK, Tylers Solicitors are just a telephone call away from giving you expert advice about your compensation claim. If you would like to contact us about claiming compensation in the UK then telephone 0800 699 0079 today for a no obligation chat.