Surgical negligence

We have vast experience in all types of surgical negligence claims. We can use our knowledge to advise you on any claim where there has been negligence during the performance of an operation, or even beforehand if you were not fully advised of the risks. Whatever the circumstances of your claim, we can help.

How to prove medical negligence

It is not enough for there to have been simple error or mistake. We must prove that there have been failures in your care which no ordinarily competent doctor would have made if acting with ordinary skill and care. We must then prove that these failures caused the injuries you suffered.

How we investigate your claim

We will take full details of what happened, where it took place, and when. We will then obtain your medical records and instruct an appropriately qualified expert. This expert will then review your medical records and prepare a report addressing the treatment received in line with the test for medical negligence. We have an excellent working relationship with medical professionals in a wide variety of disciplines to assist us. 

There are legal rules about the timescale for making a legal claim. In terms of Scots law, the clock starts running from the date of the negligence taking place. If you are aged over 16 at the time of negligence, you have three years to raise a claim in court. The position involving injury to a child is different. A child generally has three years from their sixteenth birthday to commence a claim. The courts apply these time limits strictly but will make exceptions in some cases.

Funding your medical negligence claim

We offer a range of funding options, including Legal Aid in certain circumstances, which we can discuss with you.

Case study

Our client suffered from an abscess in her thigh. The infection spread through the tissues of her leg. She underwent surgery to remove the infected tissue but this surgery was inadequately performed. The abscess was not fully explored, the infection was not properly cleared and continued to spread as a result. Her leg could not be saved and required to be amputated. Balfour+Manson approached accommodation experts, physiotherapists, rehabilitation specialists, plastic surgeons and prosthetists to ensure our client received specialist input and sufficient compensation.

Call our medical negligence team directly on 0131 200 1358.

Let us help you

Contact us to find out what we can do to help