Surgical errors: the effect on an individual’s career
When a surgical procedure goes wrong, the immediate focus is understandably on the physical consequences for the patient. However, the impact of a surgical error often extends far beyond pain, treatment and recovery. For many individuals, the consequences can affect their career, income and professional reputation for months or even years after the negligent treatment occurred.
In appropriate cases, however, a medical negligence claim can include compensation for loss of earnings and other related financial losses arising from negligent care.
Loss of earnings claims following surgical negligence
The purpose of compensation in a medical negligence claim is to place the claimant, as far as money can do so, in the position they would have been in had the negligence not occurred.
Where a surgical error causes additional injury, illness or a prolonged recovery period, it may prevent a person from working. In these circumstances, a claim can often be made for loss of earnings.
For employed individuals, this may involve calculating the wages, bonuses, commission payments or pension contributions that have been lost due to time away from work. Documentary evidence such as payslips, P60s and employer records can help establish the financial impact.
For self-employed individuals, the position can be more complex. Rather than receiving a fixed salary, self-employed professionals often earn income through business profits. In these cases, it is necessary to examine business accounts, tax returns and management information to determine the profits that would likely have been earned had the negligent treatment not occurred.
Self-employed claimants often face an additional challenge. While they may be unable to work, many of the expenses associated with running their business continue. Rent, equipment leases, professional subscriptions, insurance premiums and staff costs do not disappear because the business owner has suffered an injury. In appropriate cases, these ongoing overheads can form part of the claim.
Professionals who provide services directly to clients may also face reputational consequences when illness forces them to cancel appointments at short notice. While claims for reputational damage require careful analysis and supporting evidence, there may be circumstances in which a claimant can pursue a claim for ‘loss of chance’.
A loss of chance claim seeks to compensate an individual for the loss of a real and measurable opportunity that has been caused by the negligent treatment. The strength of such claims depends on the available evidence and the extent to which the lost opportunity can be demonstrated.
Importantly, loss of earnings claims are not always confined to a complete inability to work. Many injured patients return to work gradually or may be able to work in a reduced or different role from before. In these cases, consequent losses may also be recoverable.
Case study – supporting a self-employed dentist after surgical negligence
We recently acted for a self-employed dentist whose career was significantly affected by failures in her surgical care.
Our client underwent planned abdominal surgery. However, adequate pre-operative testing was not performed. As a result, a serious underlying issue was not identified before the procedure took place. Following surgery, our client developed life-threatening pancreatitis. Her condition deteriorated rapidly, leading to an unexpected emergency readmission to hospital. Further surgery was required, significantly prolonging her recovery and exposing her to additional pain, suffering and risk.
As a self-employed dentist, her income depended upon her ability to treat patients. Following the additional surgery, she was completely unable to work for a significant period while she recovered. We obtained detailed financial evidence to demonstrate the profits she would have earned during this time had the negligent treatment not occurred.
Unlike an employed individual who may continue to receive some level of sick pay, our client’s earnings ceased. Nevertheless, many of the costs associated with operating her dental practice continued. Professional expenses, fixed business commitments and overheads still had to be met, even though she was unable to generate income.
As part of her claim, we therefore sought compensation not only for her lost profits, but also for the ongoing overheads she was required to pay during her absence from work.
Because of the severity of her illness and recovery from the corrective surgery, our client was only able to return to work on a phased basis. Her working hours and clinical commitments had to be reduced while she rebuilt her strength and stamina. This resulted in a further period of reduced earnings, which formed an additional element of the claim.
The sudden nature of her emergency readmission meant that appointments and treatment sessions had to be cancelled at very short notice. For healthcare professionals, patient relationships and reputation are central to maintaining a successful practice. Our client was understandably concerned that the disruption caused by her unexpected absence could affect future patient retention and referrals.
We therefore advanced a claim based on loss of chance, arguing that the negligent treatment had deprived her of valuable professional opportunities and exposed her to a measurable risk of lost future business arising from the abrupt interruption to her practice.
Victoria Johnson, senior associate in the medical negligence team who conducted the claim, commented: “When investigating a surgical negligence claim, it is essential to look beyond the injury itself and consider the wider impact on the claimant’s working life. Careful analysis of earnings, business records and future opportunities can ensure that the full extent of the losses suffered is properly recognised.”
If you have experienced avoidable complications following surgery and believe your ability to work has been affected, specialist legal advice can help identify the losses that may be recoverable and ensure that all aspects of your claim are fully explored.