Delayed surgery or treatment compensation claims

Has your health worsened because of delayed surgery or treatment?

Suffering from ill health is difficult enough. But when medical professionals fail in their duty of care to you, the consequences can add even more pain and distress. A delay in treatment due to medical malpractice is one of the last things you expect when placing your trust in the healthcare system. If you want to make things right, you're in safe hands with us.

We're here to give free, impartial advice about delayed treatment compensation claims. Once we have done so, we'll never pressure you into making a claim. If you're ready to speak to someone, call us on [medtel] to chat with one of our friendly helpline advisors. You can also arrange a free, no-obligation call back if that's easier for you, too.

What is delayed surgery or treatment?

Delays in treatment occur when you have to wait longer than you should for medical attention or intervention. This can be delays to or between surgeries, but may also refer to the time it takes to administer the right medication or carry out the appropriate diagnostic testing.

A delay in treatment can also happen during the referral process, while you're waiting for test results and if you're brought in for emergency healthcare.

What are common reasons for surgery and treatment delays?

There are many reasons for surgery delays. These include, but are not exclusive to:

• Pressures on the NHS (such as budget deficits and staff shortages)
• Errors initially by your GP
• Large influxes of patients needing treatment
• IT system errors and filing mistakes
• Misinterpretations of test results
• Not getting the correct diagnostic tests
• Recommending the wrong treatment
• Negligent record keeping
• Not following official protocols and procedures

Where can delays in surgery and treatment happen?

Medical negligence resulting in a delay in treatment can happen in any healthcare setting, including:

• In an NHS or private hospital
• When you're seeing your GP
• In A&E
• In an ambulance

You don't have to have been in a healthcare setting to be eligible for delayed treatment compensation. Something like a misdiagnosis or late diagnosis may only be identified weeks, months or years down the line.

How long is acceptable to wait for surgery or medical treatment?

This depends largely on the situation you find yourself in. For urgent treatment, any delay can lead to life-changing or even life-threatening consequences.

If your surgery or medical treatment isn't urgent, the NHS Constitution states that patients have the right to start consultant-led treatment no longer than 18 weeks after their GP referral. Waiting time begins as soon as your referral is received by the hospital you choose.

Some circumstances, such as if it's clinically appropriate to wait longer, may be exceptions to this timeline.

Even for non-urgent treatments or surgeries, delays within this timeframe can cause your health to deteriorate or worsen existing conditions.

If you're unsure about whether you've been subject to delayed treatment medical negligence, call us on . Our friendly helpline advisors will listen to your story and let you know if you may be entitled to compensation.

What can happen if surgery is delayed?

Delayed surgery negligence or disruptions to other forms of treatment can all cause complications. Your general health may deteriorate or your condition could get worse, with some developments potentially being irreversible.

Physical health concerns aren't the only consequence of delayed treatment due to medical malpractice - it could affect your mental health, too. We've spoken to many people who suffered high levels of stress and anxiety after a delayed surgery. If you've found yourself in this position, we're here to help.

Is delayed treatment always medical negligence?

Delayed treatment can be the result of medical negligence, but not always. Even where mistakes by a healthcare professional are a likely factor, it's rarely black and white. Your legal team will need to prove medical negligence occurred.

Generally speaking, a delay in treatment can be considered medical negligence when:

• The care given falls below the expected standard (for example, due to a mistake)
• The mistakes were a direct cause of the delay or contributed to it
• Your health suffered because of the delay and wouldn't have done otherwise

Can you take legal action against the NHS for delay in treatment?

If you've suffered a delay in treatment because of medical malpractice, you may be able to claim compensation from the NHS if its staff or facilities were involved.

You have every right to claim compensation if the standard of care you received was below the acceptable level. Your legal team will need to prove the NHS failed in its duty of care and that you suffered unnecessarily as a result.

Delayed treatment and surgery compensation claims are common medical negligence claims made against the NHS. There were 458 in the 2023/24 financial year with over £92 million paid out in damages.

All NHS staff are legally protected by the NHS and medical negligence and delayed treatment claims are handled by a body called NHS Resolution. Any money awarded in claims damages is paid by NHS Resolution, so, by making a claim, you aren't affecting NHS healthcare budgets.

What is delayed treatment compensation?

Delayed treatment compensation is money awarded to patients who suffered the consequences of delayed surgery or treatment because of medical negligence. The payment is designed to compensate for the impacts caused, whether they're ongoing or not.

You may be able to claim surgery delay compensation if the delay:

• Caused your health or condition to worsen
• Increased your pain and suffering
• Reduced your chances of recovery
• Made you suffer additional illnesses
• Can be linked to a reduced life expectancy
• Could have been avoided

What types of delays can I claim delayed treatment compensation for?

You may be able to start a delayed treatment compensation claim for incidents such as:

• A delay to an initial surgery
• A delay in beginning treatment (whether that's with medication or surgery)
• Delays between treatments or surgeries
• Delays in the referral or testing process

Getting the surgery delay compensation you deserve could help you move forward with your life. It may not right every wrong, but it can help you deal with the long-term impacts of delayed surgery for you and your family.

If you're not sure whether you could be entitled to compensation, call our friendly helpline advisors on . They'll listen closely to your story and let you know whether it's worth starting a delayed treatment claim.

How much delayed treatment compensation could I receive?

Each claim is unique, so the amount of compensation you could receive after delayed surgery or treatment depends on a few key factors, such as:

• The type of injury or illness caused by the delay and the severity
• The degree of negligence involved
• The impacts the above have had on your life and wellbeing
• Any medical expenses and travel costs
• Any earnings lost due to time off work
• Any future losses or related ongoing care needs

Once the claims process has started, your legal team will estimate how much you could be entitled to with a successful delayed treatment claim. They'll always aim to get you the full amount you deserve.

If you'd still like an idea of payout amounts, feel free to use our handy compensation calculator. This is based on the figures outlined in the latest edition of the Judicial College Guidelines.

How long do I have to begin a delayed treatment compensation claim?

In most cases, you have three years to start a claim. This begins from the date of the delayed treatment or when you first became aware that medical negligence took place. This is a legal timeframe that applies to personal injury and medical negligence claims.

If you're nearing the three-year deadline, call us as soon as possible to start the legal process. Get in touch with our friendly helpline advisors on when you're ready.

There are a few exceptions to this time limit if you're claiming for someone else. These include:

• Claims made for children: You can claim on behalf of a child at any point until their 18th birthday. At this point, they then have until they're 21 to start their claim if you haven't already.
• Claims made for people lacking mental capacity: There are no time limits for claiming if you're managing a case for someone who lacks the mental capacity to do so themselves. If the person regains capacity at any point, even briefly, the three-year time limit starts from that date. If they lose capacity again, it won't stop.
• Claims made for someone who's passed away: If someone has passed away because of complications from delayed surgery or treatment, you have three years from the date of their death to start a claim. If you later found out that medical negligence was the cause, the time limit starts from then.

How long can a delayed surgery negligence claim take to settle?

How long a delayed treatment claim might take usually depends on various factors, such as:

• The extent of the repercussions from the delayed surgery or delay in treatment
• Whether your healthcare provider admits liability or not
• How long it takes to gather the evidence required

What evidence do I need to support my delayed treatment claim?

Your legal team will need a range of evidence to build and support your delayed treatment claim. This may include:

· Your medical records

· Any witness statements available

· Evidence or second opinions from medical professionals

· Receipts of expenses relating to your care or recovery

Once all the evidence has been gathered, your legal team will contact the organisation you believe is responsible for your delayed surgery or treatment. They'll let them know you wish to start a claim and the organisation will have the chance to accept or deny liability.

Can I make a no win no fee delayed surgery claim?

We mostly take cases on a no win no fee basis. This means that if your delayed treatment claim is unsuccessful, you won't pay anything.

Your legal team will arrange no upfront-cost insurance for you before starting a claim. This limits your financial risk by ensuring that any legal fees are covered if you don't win your case - providing you stick to the terms and conditions of the agreement. You won't pay anything upfront and we'll make sure there are no hidden charges.

It might not be possible to pursue a claim on a no win no fee basis, although this is rare. If this is the case, your legal team will tell you and carefully explain your options.

Our claim checker is available to help you find out if you're eligible for a no win no fee treatment delay claim. It only takes a couple of minutes.

Will I need to go to court to get delayed treatment compensation?

Many of our clients are anxious about the possibility of going all the way to a court hearing, but around 95% of our personal injury and medical negligence claims are settled out of court.

Your legal team will try to avoid your case going to court. However, if a court hearing is needed, they will be there to support you, if you need to attend.

Why trust National Accident Helpline with your delayed treatment compensation claim?

Surgery delays in hospital and disruptions to other forms of treatment can have profound impacts on your mental and physical health. We're here to help you and your family get back to some form of normality with the compensation you deserve.

Here's why you should trust National Accident Helpline:

• We're regulated by the Solicitors Regulation Authority, the body that maintains the standards of legal services in England and Wales.
• Any solicitors who take your case will be registered with The Law Society in England and Wales or the Law Society of Scotland.
• We believe our 'Excellent' rating on Trustpilot speaks volumes to how we've helped people with cases like yours over our years_since years of experience.

Contact us for free, no-obligation advice on delayed treatment compensation

If delayed surgery or treatment has left you or a loved one suffering more than necessary, we're here to help. It's free to call our friendly advisors and there's never any obligation to start a claim if you don't want to. If you're ready to make things right, call us on or arrange a call back to speak to someone at a time that suits you.