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Negligent hernia surgery &
hernia misdiagnosis claims

Negligent hernia surgery & hernia misdiagnosis claims

How much can you claim?

A 50 year old man underwent negligent surgery to repair an inguinal hernia. He suffered nerve entrapment that caused him persistent pain that forced him to leave his job. He was awarded:


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Making a hernia surgery claim

Medical negligence whilst uncommon can have a big impact on your life and wellbeing.

Hernias are common across the UK and most people don’t experience any negative or long-lasting side effects from the condition. However, there are those that find they are let down by the healthcare system after being misdiagnosed or receiving inadequate hernia surgery, leading to further treatment being required.

The lack of symptoms when people develop a hernia means it’s simple to miss the warning signs. But when left untreated, hernias can cause complications that are potentially life threatening and require urgent medical attention. There are also risks associated with surgery for hernias, including damaging other areas of the body through surgical errors and poor technique leading to the hernia returning after surgery.

Those that have been affected by medical negligence have the right to hold those responsible to account for the suffering they have endured. If you believe you have a case following hernia surgery or misdiagnosis, Your Legal Friend is here to help you. We pride ourselves on working with those affected by medical negligence and we can represent you too. Backed by our expert and skilled team of medical negligence solicitors, we will ensure your case has the best outcome possible.

For a confidential chat, call one of our experts today  0808 301 8622    As seen on TV

The time limit on making a hernia surgery claim

It’s beneficial if you’re quick to pursue a claim as the paperwork will be readily available and the detail of the event will still be ‘fresh’ in your mind, which will help when putting your case together. There is also a three year time limit from the ‘date of knowledge’ where you learned that a mistake on your doctor’s part led to the pain or suffering you’re now experiencing. Usually if you attempt to bring a claim after this date, it will be considered ‘statute barred’ or ‘out of time’ as per the Limitation act of 1980, section 11. If you are within the time limit, or are unsure as to whether you fall within the time period allowed, you can speak to us and we’ll be able to advise you as best we can based upon the information you’re able to share with us.

If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.

After a free initial phone consultation, a clinical negligence solicitor can get a feel for your circumstances, the problems you face and consequences you’re having to live with. If they feel that something wasn’t done, that should have been, they may go on to request copies of your medical records, with your permission, to assess whether something was missed or to see if a mistake was made. If it looks like a mistake was made, they will then speak to you to discuss whether you wish to pursue a medical negligence claim for compensation.

Throughout your claim, Your Legal Friend will help you every step of the way

  • Specialist team of medical negligence solicitors
  • A wealth of knowledge and expertise
  • Advice, support and guidance throughout your claim
  • No win, no fee – guaranteed
  • Over 30 years’ experience in personal injury compensation
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much

Mrs E. Swaffield

Our hernia surgery claims experience

Our medical negligence team has years of experience working on a wide variety of surgery cases so we understand just how difficult a decision it can be to bring a hernia surgery case.

That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.

Our surgery team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value hernia surgery cases.

Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.

Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.

Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.

The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.

Laura Morgan
Director of Medical Negligence

*Our No Win, No Fee agreement

Pay nothing if you lose your case, get maximum compensation if you win

Whatever the nature of your surgery claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard surgery claims.

With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.

No Win, No Fee Solicitors

Start your claim in 10 minutes

For a FREE, confidential, no-obligation assessment of your claim, simply complete this short form. We aim to call you back within 10 minutes.

For a confidential chat, call one of our experts today  0808 301 8622    As seen on TV

The hernia surgery claims process

Step 1 - Obtaining your medical records

We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.

Step 2 - Providing your statement of what happened

As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.

Step 3 - Minimising your loss

You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery.  You may also need to return to work as soon as it’s safe to do so.

Step 4 - Establishing that a breach of duty occurred

You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury.  To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.

Step 5 - Establishing the effect of the breach of duty

We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.

Step 6 - Calculating the value of your claim

The value of your claim comprises:

  • general damages for the pain, suffering and impact of the negligence on your daily life both now and in the future
  • actual financial losses such as loss of earnings, cost of care, medical and travel expenses.

Step 7 - Proving your loss

You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.

Step 8 - Preparing your case for Court

Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.

Step 9 - Attending the trial in Court

The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.

Step 10 - Awarding your compensation claim

If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.

Frequently asked questions

Can I claim for hernia surgery negligence?

If you’ve experienced medical negligence when you were having hernia surgery, you may be able to claim for hernia surgery compensation, holding those responsible to account and delivering you the financial compensation that you deserve.

In order to be successful, you will need to prove that medical negligence was to blame for your suffering. There are multiple ways you can showcase this, including:

  • A failure of your GP to diagnose your condition through a physical examination
  • A failure to order a necessary ultrasound scan or abdominal x-ray following an initial GP appointment
  • Mistakes occurring when you’re test results were read by a professional
  • Surgical errors occurring and causing further problems, such as nerve issues
  • Inadequate surgery that leads to the hernia returning

To take a case forward, you will also need to show that undue suffering was caused by the medical negligence. This can be both general and special damages, for example ranging from the pain you experienced to travel expenses you’ve had to pay out as a result.

If you believe you have a negligent hernia surgery case that you would like to take forward, our specialist solicitors are on hand to offer you expert advice. We’ll listen to your case and will help you understand if you have a claim that you could take forward and be successful.

How much compensation will I get?

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.

While we can’t say how much your negligent hernia surgery case is worth, the NHS does pay out millions every year to patients that have been affected by medical negligence, including those that have experienced negligent surgery or misdiagnosis.

When you choose to work with Your Legal Friend, you can rely on us to take the time to fully understand how you’ve been affected. A range of factors will be taken into consideration before we value your claims, such as the pain your experienced due to delayed treatment, the need for further surgery or other treatment due to negligence, or lost earnings due to not being able to work. With your personal circumstances in mind we’ll give your claim a value that reflects your experiences and their impact.

How long do I have to make a 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.

If you’re unsure whether you have a claim you can take forward or how long you have to act, we can support you. We’ll use our experience of working with those making medical negligence claims to help you understand your case, giving you an exact point by which you must take action.

Three years is the maximum amount of time you can act but you can do so sooner and where possible we advise it. This not only allows you to put the process and the medical negligence you experienced behind you sooner but it can support your case. We’ll use a wide range of evidence to support your case and in many circumstances, this can be easier to obtain the closer to the ‘date of knowledge’ we make a request.

What is a hernia?

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.

For a confidential chat, call one of our experts today  0808 301 8622    As seen on TV

What are the different types of hernia?

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.
  • Incisional hernia – This type of hernia occurs when tissue pokes through a surgical wound in the abdomen that hasn’t fully healed.
  • Umbilical hernia – This is when fatty tissue or part of the bowel pokes through the abdomen near the belly button. Umbilical hernia can occur in babies if the opening in the abdomen doesn’t seal properly after birth.
  • Epigastric hernia – Epigastric hernia is where fatty tissue pokes through your abdomen between your navel and the lower part of the breastbone.
  • Spigelian hernia – This is where part of your bowel poke through your abdomen at the side, below your navel.
  • Muscle hernia – Muscle hernias often occur in the abdomen but they can also occur in the legs due to sports injuries.

What causes a hernia?

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:

  • Being pregnant
  • Being constipated
  • Lifting heavy weights
  • Fluid in the abdomen
  • Gaining weight over a short period of time
  • Persistent coughing or sneezing

What are the symptoms of a hernia?

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.

If a hernia has caused the blood supply to a section of an organ to become restricted, trapped tissue, or a piece of bowel has entered the hernia it can result in more serious symptoms that indicate a medical emergency. These include:

  • Sudden, severe pain
  • Vomiting
  • Constipation or wind
  • The hernia becoming firm, tender, or can’t be pushed back in

How is a hernia diagnosed?

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.

An ultrasound scan or abdominal x-ray may also be used if the diagnosis from a simple physical examination is uncertain or if the full extent of the hernia needs to be assessed.

For a confidential chat, call one of our experts today  0808 301 8622    As seen on TV

How is a hernia treated?

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.

If it’s recommend that you have surgery, it can be conducted either through open surgery or keyhole surgery. The surgery will repair the damaged muscle wall with synthetic mesh or tissue and remove part of the organ if strangulation has occurred, resulting in it becoming oxygen-starved.

Most people make a full recovery from surgery within a few weeks but there is a risk that the hernia will recur and further treatment may be needed at a later date.

How can hernia surgery be negligent?

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.

All surgeries carry a level of risk but some of these are due to medical negligence. For example, in the case of hernia surgery, surgical errors could result in nerve damage, causing further damage and the possibility for additional treatment to be needed, or repair surgery that isn’t adequate may lead to the hernia reoccurring. Any surgical error can be distressing and if it’s down to medical negligence it’s right that you should be able to hold those responsible to account for the mistakes they have made.

If you’ve experienced a misdiagnosed hernia or negligent hernia surgery, we can help you take a claim forward, using our knowledge and skills.

What conditions can a hernia be misdiagnosed as?

Hernias typically have very few or no symptoms, leaving potential for hernia misdiagnosis to occur. While most hernia 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:

  • Acute appendicitis
  • Chronic pelvic pain
  • Interstitial cystitis

What are the effects of hernia medical negligence?

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 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.

Strangulation may also occur, this is where a trapped section of intestines isn’t getting enough blood flow and is considered a medical emergency. A strangulated hernia that is left untreated can be life threatening and requires immediate medical attention as a result.

What are the statistics on hernias?

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.