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Surgical mesh negligence &
hernia or vaginal mesh claims

Surgical mesh negligence & hernia or vaginal mesh claims

How much can you claim?

A 62 year old woman underwent surgery where hernia mesh was used negligently. The mesh damaged her bile duct, creating a possibility of the need for a liver transplant in later life. She was awarded:


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Claiming for surgical mesh negligence

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

Surgery is a daunting prospect, no matter what. It’s natural to feel anxious and many of us will find ourselves imagining all of the worst-case scenarios. While we can always hope that these scenarios never become reality, the unfortunate truth is that injury sustained as a result of medical negligence during surgery is one of the most common causes for making a claim. If you have suffered an injury during a surgical procedure, it’s time to get in touch. With no upfront fees or payments necessary, Your Legal Friend is here to help.

We have years of experience working on medical negligence cases, involving everything from cervical to cardiac surgery. From a legal point of view, we know how complicated these cases can be. More importantly, we understand that they can leave the victim feeling incredibly vulnerable, even embarrassed. The psychological and emotional effects of medical negligence are often just as damaging as the physical impact which is why we are committed to guiding you through every step of the process. We will ensure that your claim is handled carefully and professionally by specialist solicitors, while working alongside medical experts in the surgical field to guarantee the best results for you.

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

The time limit on making a surgical mesh 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.

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 surgical mesh 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 surgical mesh negligence 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 surgical mesh 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 surgical mesh 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 surgical mesh negligence?

If you’ve been affected by surgical mesh complications due to medical negligence, you may be able to make a compensation claim against those responsible.

Successful claims need to prove two things. Firstly, that medical negligence occurred and secondly that the result caused you undue suffering. With the backing of a professional team of solicitors who have experience supporting those affected by medical negligence, you can give your case the best possible chance of success. We’ll use a variety of evidence to support you claim, for instance medical records and expert medical reports that show the level of care you received did not meet satisfactory standards and a witness statement from you to demonstrate how you have been affected.

If you’re unsure whether you have a case that you could take forward, we’re happy to discuss your potential case. Our extensive experience means we can offer the guidance you need and then have the skills to help your case forward should you have a claim.

How much compensation will I get?

Without first speaking to you, it’s impossible to say how much compensation you could receive but our team of medical negligence solicitors can help give your case a rough value.

A compensation claim considers a wide range of issues and this is what makes up your claim. For instance, someone that has had surgical mesh complications that have meant several additional surgeries and the inability to work would receive more compensation than someone who suffered relatively mild complications that were rectified quickly. When you contact Your Legal Friend, we’ll work with you to understand and reflect how the medical negligence you experienced has affected all areas of your life. With our knowledge and processes, we’ll put an appropriate value on your case.

While we can’t say exactly how much your case is worth, past medical negligence case against the NHS have resulted in pay-outs into the tens of thousands. Every year the UK healthcare system pays out millions to those affected by medical negligence, including those that have experienced complications following surgery.

How long do I have to make a claim?

All medical compensation claims are subject to a time limit and this includes those that are pursuing legal action after experiencing surgical mesh complications. You must take your case forward within three years in order to hold those responsible to account.

The starting point of this timeframe is known as the ‘date of knowledge’, signifying the date that you first became aware that you had suffered due to medical negligence. In the case of surgical mesh claims, problems may not become evident for months or even years afterwards. The starting point of the time limit means that you’re still able to act but it can be complicated to work out when the clock started.

In complex cases, such as those where you experienced misdiagnosis for the surgical mesh complications you have had, it can be tricky to unravel the timeframe in which you must act. Our trained and experienced solicitors have the skills to help you, including figuring out when you need to move your case forward by.

While you do have up to three years to get in touch and start you case, we advise all those affected be medical negligence to start the process as soon as they are able. This can help the team representing you gather the evidence they need to ensure the best possible outcome for you.

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

What is surgical mesh?

Surgical mesh can be both temporary and permanent, it’s a loosely woven sheet that is used to support organs and other tissue during surgery, with the aim of providing additional support and giving the body time to strengthen. It can be made from a range of different materials but in the UK it is usually made from synthetic polypropylene.

Permanent meshes remain will remain in the body, continuing to provide support where damage has occurred, while temporary surgical mesh will dissolve over a period of time. In some cases, a combination of permanent and temporary mesh is used, allowing medical professionals to provide patients with a greater level of support initially and maintain a lower level once a portion has dissolved.

In many cases, the use of surgical mesh is a success but there are a growing number of claims from those that have been affected by complications. The healthcare sector is also facing a growing number of calls for some surgical mesh procedures to be suspended while research into what is causing the complications and how to minimise them is conducted. 

There are different types of surgical mesh, from the materials that it is made from to the pore size. A variety of different areas should be considered when selecting the right surgical mesh for each surgery. For instance, mesh with smaller pores may be a preferred option for surgery taking place around bowel tissue, as it means the mesh will be incorporated into this delicate tissue on a reduced level when compared to alternatives.

When is surgical mesh used?

Surgical mesh can be used in a range of surgeries where tissue has been damaged or weakened or where organs require extra support. Due to its uses in reconstructive work, surgical mesh is versatile and used in several different procedures.

However, it is most commonly used in hernia repair surgery, urinary stress incontinence procedures, and in pelvic organ prolapse cases. The inserted surgical mesh can act as a stabiliser for new tissue growth, promoting long-term strength by acting in a similar manner to scaffold, providing the additional support that is needed during the recovery process and after.

How is a surgical mesh procedure done?

How a surgical mesh procedure is conducted will depend on the surgery that is being performed and the patient.

In the cases of inguinal hernia repair surgery, an incision made over the hernia and mesh is placed over the weak spot where the hernia came through to give the tissue added strength. Depending on the mesh that is selected, the body’s tissue can grow around the mesh, becoming incorporated. The surgical mesh will either then continue to deliver long-term reinforcement if it’s permanent or gradually dissolve, leaving the new tissue behind.

For pelvic organ prolapse, surgical mesh procedures are similar. By inserting mesh through the abdomen or vagina, medical professionals can reinforce weakened vaginal walls, urethra, or the bladder neck to provide extra support. Surgical mesh is often used to deliver treatment to women that have suffered from incontinence or pelvic organ prolapse following childbirth to relieve a range of associated symptoms.

If you’re having a surgical mesh procedure, your doctor should discuss the process with you, explaining what is involved as well as the potential risks.

Why do complications arise following a surgical mesh procedure?

Complications associated with surgical mesh can occur for a number of reasons. Among them are:

  • Not being suitable – Not all hernia or pelvic organ prolapse surgeries should use surgical mesh as a solution. There are often alternative options available that should be considered in some cases. Before you have surgery, those responsible for your care should assess your suitability.
  • Medical negligence during procedure – You should be able to rely on those conducting your surgery to take due care, this includes minimising the risk of infection. Where this hasn’t occurred, you may be able to make a claim.
  • Using the wrong type of mesh – The surgical mesh that is selected should consider a range of areas, such as where in the body the surgery is being performed and the level of support that is needed. There have also been some claims that the surgical mesh used for some patients did not meet regulatory standards, though these have been refuted.
  • Surgery error – There is always of risk of errors occurring during a surgery and this can lead to long-term complications.

Every surgical mesh compensation case is different and there are a range of other ways that complications may occur. If you believe you’ve been affected by medical negligence when surgical mesh was being used, our expert team are on hand to offer you help. Using their experience in representing medical negligence victims, we can help you understand what went wrong in your case and receive the compensation that you deserve.

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

What injuries and health problems are associated with surgical mesh?

Where complications arise, there are many different injuries and health problems that can be linked to surgical mesh procedures. Often patients will experience pain in the surgery site but this can be the result of a number of differing reasons, including:

  • Mesh erosion – This is where the mesh itself moves through the tissue it has been placed on to provide strength. It can mean that it enters other organs or tissue, potentially causing damage. In some cases, this type of injury can lead to perforated organs that can in turn lead to other complications.
  • Infections – All surgeries carry a risk of infection. For some surgical mesh procedures, such as those treating the urinary tract, this risk is higher and it’s an area that should be discussed with you beforehand.
  • Mesh shrinkage – It’s also possible for the mesh inserted to shrink or contract. This can cause considerable pain to the patient and damage the body’s tissue.
  • Adhesions – While some procedures encourage the mesh to adhere to the body’s tissue, this isn’t always desirable. For instance, it can cause a bowel obstruction if the mesh incorporates with delicate bowel tissue.

Where the surgical mesh procedure has taken place has an effect on the health problems patients have experienced. However, some reported issues include:

  • Pain and soreness
  • Inflammation
  • Bleeding and scarring
  • Urinary problems
  • Recurrent prolapse
  • Sexual problems
  • Organ injury
  • Nausea
  • Diarrhoea
  • Fever
  • Nerve damage
  • Mobility issues

What happens following surgical mesh complications?

If a patient experiences symptoms or health problems that could indicate surgical mesh complications, they’ll often visit their doctor or go to hospital if the effects are severe. Here, medical professionals should take steps to determine the cause of the distress and symptoms; this could include tests to check for an infection and imaging, such as an x-ray, where necessary.

In some cases, it’s simple to treat the problem but in others further surgery may be needed. However, a report by the US regulatory body has indicated that once mesh has been implanted it can be very difficult to remove, and in some cases impossible, meaning that treatment is not always effective and can be a long process.

There are hundreds of women in the UK taking legal action following mesh complications that developed after surgery to address issues that had arisen from childbirth. There are also surgical mesh legal cases where patients have been affected following other types of procedures. If you would like to discuss the level of care received during a surgical mesh procedure and how complications were dealt with, the Your Legal Friend team can offer you the guidance you need to start taking action.

What are the statistics on surgical mesh?

Every year around 14,00 surgical mesh procedures are carried out across the UK to treat a range of different conditions, most commonly hernia repairs, pelvic organ prolapses, and urinary stress incontinence.

How often do surgical mesh procedures have complications?

There aren’t any official figures on how many people that have had surgical mesh procedures are affected by complications. This is due to problems often being present before the surgery has taken place, making it difficult to judge the impact that surgical mesh has had.

Across all surgery in the UK, the vast majority are successful with only a small number of patients being affected by complications. However, some procedures have a failure rate of up to 15% indicating that thousands of people could be suffering due to surgical mesh failures.