Hernia Surgery Claims

Every case of negligent hernia surgery is different and the compensation that claimants are rewarded is reflected in this. Due to this, it’s impossible to say how much your case could be worth without first speaking to you. Our expert and friendly team are on hand to guide you through the process and listen to your experience before putting an accurate value on your claim.

If you would like to make a claim for a misdiagnosed hernia or negligent hernia surgery, you must start the process within three years from the ‘date of knowledge’

In some cases, the term ‘date of knowledge’ can be confusing. It’s simply the legal term referring to the point when you first became aware of the mistakes that affected your level of care. In some cases, this point can occur a significant amount of time after your treatment. For instance, you may not be aware that the hernia surgery conducted was negligent until the hernia returns, highlighting that the surgery was not completed to an adequate standard.

A hernia occurs when there is a weakness in a muscle or tissue wall, allowing an internal part of the body to push through this area. While not limited to the area between the chest and hips, this is where hernias most commonly occur.

In many cases, the hernia can be pushed back in or may disappear when you lie down. Most hernias aren’t dangerous but they can be very painful and in serious cases cut off the blood supply to other areas of the body, resulting in the need for emergency surgery.

There are different types of hernias depending on where in the body the weakness in the muscle or tissue wall has occurred. The most common eight types of hernia are:

• Inguinal hernia– These types of hernias occur when fatty tissue or part of the bowel pokes through into your groin at the top of the inner thigh. It’s often associated with ageing and repeated strain on the abdomen and is most common in men.
• Femoral hernia– Femoral hernias are similar to inguinal hernias, however, they are less common and tend to affect more women than men.
• Hiatus hernia– This is where part of the stomach pushes up and into the chest by squeezing through an opening in the diaphragm.

Hernias are caused by a combination of muscle weakness and strain and may develop gradually or suddenly. Weakness in the muscle wall can be the result of a number of different factors, including age, damage during injury, and surgery.

Straining can cause a hernia, particularly if muscle weakness already affects the area. Factors that strain your body and may cause a hernia include:

In many cases, there are no or very few symptoms of a hernia, although you may notice a swelling or lump in your abdomen or groin where the tissue is poking through. Other symptoms may include a heavy feeling in the abdomen or discomfort when lifting or bending over.

While there are often no symptoms, patients with a hernia should visit their GP, allowing them to assess if surgical treatment is needed.

In many instances, a hernia is visible when you stand up or can be felt when pressure is applied directly to the area. If you have concerns and visit your GP, this is typically how it will be diagnosed.

Hernia treatment depends on a range of factors, including the type of hernia, content of the hernia, symptoms, and general health. Most hernias won’t improve without surgery but they will often not cause any further problems. For this reason, some people are advised to not take any action but monitor their condition because the risks associated with surgery outweigh the benefits.

There are times when medical negligence is related to hernia surgery. In these cases, it may be possible to make a claim for negligent hernia surgery.

Hernias typically have very few or no symptoms, leaving the potential for hernia misdiagnosis to occur. While most hernia's do have a visible lump or swelling this isn’t always the case and when coupled with no symptoms, it can mean that a patient’s condition is simply dismissed and allowed to worsen gradually over time without the necessary treatment or surgery being delivered.

Some types of hernias, particularly hiatus hernias, are more commonly misdiagnosed. It’s possible for hernias to be misdiagnosed as several different conditions, including:

While in the majority of cases a hernia doesn’t present any problems a hernia misdiagnosis can mean that vital surgery is delayed.

It’s common for hernia's that are left untreated to continue to grow, in some cases, this can result is discomfort and even pain. In rare cases an untreated hernia can trap a portion of your intestine in the abdominal wall, obstruct the bowel, or place additional pressure on other nearby tissue. This can increase the pain experienced by the patient.

Hernias are a common condition in the UK and surgery to treat the condition is one of the most performed operations in the NHS, with thousands conducted every year. However, some research has indicated that as many as a third of people need to have a repeat procedure because the initial repair has failed.