Compensation for a cancelled operation

It’s possible to be able to make a claim for compensation for a cancelled operation, and this can be something that we’re able to offer No Win, No Fee representation for.

Whether you can claim or not often depends on a number of factors as to why the procedure was cancelled, as well as the priority of the procedure, and if you have suffered.

When it comes to making a claim for medical negligence compensation, we must typically show that negligence has occurred, and that the negligence has caused suffering. It isn’t always the case that a a cancelled procedure stems from negligence, so we must assess each case on its own individual merits.

When can you claim compensation for a cancelled operation?

You may be entitled to make a claim for compensation for a cancelled operation if there has been some form of negligence involved, and if the cancellation has caused you to suffer more

Some examples can include:

  • Where an operation is cancelled due to an administration error on the part of the hospital. Perhaps a double-booking in theatre, or even when it comes to a lack of bed space on wards;
  • Where the appropriate consultant or support staff have not been made available for the procedure when they should have been;
  • Where the required equipment (like surgical tools) is not available when it should have been;
  • Where a procedure is abandoned / rescheduled due to a pre-operation mistake or an error during the surgery.

There can, of course, be other scenarios as well. But the key thing is that a claim must involve negligence on the part of the NHS, so the questions are about how the cancellation has occurred, and whether it was avoidable.

Claim for further suffering

If negligence is established, you could then be entitled to compensation for a cancelled operation if you have suffered as a result of the issue.

When it comes to claims in the law of England and Wales, there normally needs to be some form of further suffering. The damages award can then be based on the extent and severity of any pain, suffering and loss of amenity caused, and for any losses and expenses as well.

Examples of claimable suffering can include:

  • Further pain and suffering endured for having to wait longer for a new operation slot;
  • Any pain and suffering from undergoing part of the operation procedure before cancellation (whether that’s anaesthetic, pre-op, or even surgical incisions prior to an operation being abandoned);
  • Whether any complications arise from the delayed treatment.

What to do about compensation for a cancelled operation

When it comes to compensation for a cancelled operation, we may be able to help you.

We can assess the case on a free, no-obligation basis. If we can take a claim forward, we may also be able to offer you No Win, No Fee representation.

You can contact our expert claims team now for further assistance on 0800 634 75 75.

IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.

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