A Guide To Surgical Negligence Claims
Surgical negligence can have devastating consequences, especially when it results in serious injuries like spinal cord damage, nerve damage or chronic pain and could potentially lead to surgical negligence claims. Mistakes in the operating theatre could impact your health, independence and financial stability. Whether you suffered due to orthopaedic surgery, urological surgery or a gynaecological procedure, you may be eligible to make a medical negligence claim.
What You Need To Know
- Surgical negligence occurs when a medical professional breaches their duty of care during a procedure, causing avoidable harm.
- Surgical negligence claims provide compensation for both the harm suffered and financial losses, such as rehabilitation costs and loss of earnings.
- Surgical negligence claims may be made against both NHS and private hospitals.
- You typically have 3 years from the date of the surgery or the date of knowledge to start your claim.
- UK Law can help you make a claim on a No Win No Fee basis.
Contact Us
If you believe you have suffered harm due to a negligent operation, our panel of expert medical negligence solicitors at UK Law could help. Contact our specialist team today for expert advice and to start your free initial consultation by:
- Calling us on 020 3870 4868
- Using the live chat feature
- Contacting us online
Jump To A Section
- Can I Make A Surgical Negligence Claim?
- How Much Negligent Surgery Compensation Could I Get?
- What Procedures Are Covered In Surgical Negligence Claims?
- What Are Some Common Examples Of Surgical Errors?
- How Can Errors In Surgery Be Prevented?
- Will All Surgery Complications Be A Result Of Negligence?
- How Can I Start A Surgical Error Compensation Claim?
- No Win No Fee Surgical Negligence Claims
- Why Choose UK Law?
- Frequently Asked Surgical Negligence Questions
- Learn More
Can I Make A Surgical Negligence Claim?
To make a successful surgical negligence claim, you must meet the following eligibility criteria:
- A medical professional owed you a duty of care. Per their duty of care they need to provide the corret standard of care when treating their patients.
- They breached that duty.
- This breach caused you avoidable or unnecessary harm.
This applies to surgeons, anaesthetists, doctors, nurses and other medical staff involved in your care. Examples include a failure to gain informed consent, operating on the wrong body part, or failing to remove surgical instruments after a procedure.
Even if mistakes happen, not all complications will be considered negligent. The key is whether the harm was avoidable had the correct standard of medical care been followed.
To check your eligibility, contact our team of advisors for a free initial consultation.
Am I Able To Claim Against The NHS?
Yes, you can claim compensation from the NHS if a surgeon or other NHS healthcare provider breached their duty of care and caused you harm. The claim is usually made against the relevant NHS Trust, not the individual medical professional.
NHS Resolution handles clinical negligence claims brought against the NHS. They investigate the claim and negotiate settlements where appropriate.
You will still be entitled to NHS care even if you make a medical negligence claim. For help starting a surgery claim against the NHS, speak with our team today.
What If The NHS Referred Me To A Private Hospital?
If you were referred to a private hospital by the NHS, liability will depend on who was responsible for your care. If the private healthcare provider delivered the treatment, then your claim will usually be made against that private institution or their insurance provider.
Private hospitals and surgeons must meet the same medical standards as NHS professionals. If they fail to do so, and you suffer avoidable harm, you could claim compensation.
Contact our team to learn whether your surgical negligence case falls under NHS or private healthcare liability.
How Much Negligent Surgery Compensation Could I Get?
The amount of compensation awarded in surgical negligence claims varies significantly depending on multiple factors, including the severity of the harm suffered, the lasting impact on your life, and the financial losses incurred as a result of the negligence. Compensation in a medical negligence claim is typically divided into two main categories: general damages and special damages.
General damages compensate for the pain, suffering, and loss of amenity caused by the negligent surgery. This means it covers both the physical and psychological harm, as well as the effect it has had on your day-to-day life. For example, if you suffered spinal cord damage leading to reduced mobility or chronic pain, general damages would reflect the severity and permanence of that harm.
To help calculate general damages, legal professionals often refer to the Judicial College Guidelines (JCG). The JCG provides a range of guideline compensation brackets for various types of injuries and illnesses.
Below are some illustrative figures based on the most recent edition of the JCG. Please note that these amounts are not guarantees, and the top entry is not a JCG figure.
| Injuries | Compensation |
|---|---|
| Multiple forms of severe harm and special damages, including lost earnings and the cost of home adaptations | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Total Blindness | In the region of £327,940 |
| Kidney Injuries a) | £206,730 to £256,780 |
| Bladder - Double Incontinence | Up to £224,790 |
| Female Reproductive Injuries (a) | £140,210 to £207,260 |
| Established Grand Mal Epilepsy | £124,470 to £183,190 |
| Loss of One Arm (i) | Not Less Than £167,380 |
| Below-Knee Amputation of One Leg | £119,570 to £162,290 |
| Scarring to the Body With No Significant Internal Injury | In the region of £10,550 |
In addition to general damages, special damages can also be claimed to cover financial losses like medical expenses, travel costs, loss of income, and care expenses. These are discussed in more detail in the next section.
If you want to understand how much compensation you could claim based on your individual situation, contact our team of advisors today for a free initial consultation.
What Can Compensation Help Me With After Negligent Surgery?
Compensation aims to restore your quality of life and cover the financial impact of the suffering caused by surgical negligence. Examples of special damages include:
- Loss of earnings – If you cannot work or have to take time off
- Cost of care – Professional or family care after surgery
- Rehabilitation costs – Physiotherapy, counselling, etc.
- Further treatment – Corrective procedures or private medical care
- Travel expenses – Transport to medical appointments
However, all of these financial losses will need to be proven with evidence in order to claim compensation for them. This could include payslips, invoices and bank statements.
To learn what your claim could cover, contact our team today for expert advice.
Interim Payments For Surgical Error Claims
Interim payments are early compensation payments made before a full settlement is reached. They are available in surgical negligence cases where the defendant admits liability and the claimant has urgent financial needs.
For example, you could apply for an interim payment to cover:
- Immediate medical expenses
- Adaptations to your home
- Mobility equipment
However, they are usually only awarded if the defendant has already admitted liability or there is a strong likelihood that your claim will be a success.
Our panel of solicitors can help you apply for interim payments where applicable. Call us to find out more.
What Procedures Are Covered In Surgical Negligence Claims?
Surgical negligence claims may arise from a wide variety of procedures, including:
- Orthopaedic surgery – such as hip or knee replacement surgery
- Urological surgery – bladder, kidney, prostate operations
- Gynaecological surgery – hysterectomy, C-section, etc.
- Spinal surgery – for disc issues or nerve compression
- Cosmetic procedures – such as breast augmentation
Negligence can occur in both elective and emergency surgeries. To find out if your specific surgery qualifies for a claim, contact us for a free consultation.
What Are Some Common Examples Of Surgical Errors?
Common causes of surgical negligence claims include:
- Wrong-site surgery – This occurs when a surgeon operates on the incorrect part of the body. For example, removing the left kidney instead of the right, or amputating the wrong limb. These incidents are classified as “Never Events” because they are entirely preventable with proper planning and adherence to pre-surgery checks. Patients may suffer permanent disability or the need for additional corrective surgery.
- Incorrect procedure – This refers to performing the wrong surgical operation on the patient. For example, performing a gallbladder removal when the patient was scheduled for an appendix removal. Such errors can result in prolonged recovery times, unnecessary scarring, and further medical complications.
- Retained foreign objects – In some cases, surgical instruments, swabs or other medical items are mistakenly left inside the patient’s body after the procedure has concluded. This can lead to serious infections, internal damage, and further surgery to remove the object. These are also categorised as Never Events due to their preventable nature.
- Failure to obtain consent – Before undergoing surgery, patients must be fully informed of the risks and alternatives and must give their informed consent. If surgery is performed without proper consent, or if consent is obtained without disclosing key risks, the patient may have grounds to claim. This can be especially significant in elective procedures like cosmetic or gynaecological surgery.
- Poor hygiene – A lack of proper sterilisation in the operating theatre or poor post-operative care can lead to hospital-acquired infections. Examples include MRSA or sepsis. These infections can have long-lasting health implications and may result from substandard clinical protocols.
- Anaesthesia errors – Mistakes in administering anaesthesia can cause serious harm. Overdosing can lead to brain damage or respiratory failure, while underdosing can result in the patient waking during surgery, potentially causing severe psychological trauma such as post-traumatic stress disorder (PTSD).
These examples represent just some of the situations that could lead to surgical negligence claims. If you’ve suffered harm from one of these or another type of operation gone wrong, contact our team today to find out if you could be eligible to claim compensation.
How Can Errors In Surgery Be Prevented?
Surgical errors can often be prevented through adherence to proper procedures and training. Medical professionals must:
- Review and follow surgical checklists
- Clearly mark the correct site of operation
- Communicate effectively with the surgical team
- Maintain sterile environments
- Obtain and document informed consent
If these steps were not taken in your case, and harm resulted, speak to our advisors today. Or, keep reading to learn more about surgical error claims.
Will All Surgery Complications Be A Result Of Negligence?
Not every surgical complication is caused by negligence. Some risks are inherent even when appropriate care is provided. However, if you suffer avoidable harm due to a failure in care, such as a wrong body part being operated on, that may form the basis of a medical negligence claim.
Contact us to determine if your surgery complications qualify for compensation.
How Can I Start A Surgical Error Compensation Claim?
To begin your surgery claim, you will need to gather evidence that supports your case. This may include:
- Medical records – These should detail the type of operation you had, who performed it, what complications occurred, and the treatment you received afterwards.
- Photographs – Clear images of visible harm such as scarring, swelling, or amputation sites can be helpful in illustrating the physical effects of surgical negligence.
- Witnesses’ contact details – Gathering the contact details of any witnesses to your surgery or treatment—such as medical staff, family members, or carers—means they could provide a statement at a later date.
- Scan/test results – Diagnostic images, such as MRIs, X-rays, or CT scans, can help show damage caused by the surgical error, such as nerve damage, foreign objects left inside the body, or untreated conditions.
- Symptom diary – Keeping a personal log of your symptoms, pain levels, treatments, and how the incident has impacted your daily life may further support your case.
Once this evidence is available, your case can be reviewed by an experienced solicitor. They may also arrange an independent medical assessment to confirm that surgical negligence was the likely cause of your harm.
For more information on proving surgical negligence claims, talk to one of our advisors today. Or, keep reading to find out how a No Win No Fee solicitor from our panel could help you.
No Win No Fee Surgical Negligence Claims
Our panel of expert solicitors can handle your case through a type of No Win No Fee agreement, known as a Conditional Fee Agreement (CFA). This arrangement is designed to make legal representation accessible regardless of your financial situation. It means:
- No upfront solicitor service fees for you to pay
- No payment for your solicitor’s work if your claim fails
- A legally capped success fee is taken from your compensation only if you win
This fee is agreed upon before the claim begins and is capped by law to ensure you keep the majority of your compensation.
Why Choose UK Law?
At UK Law, we understand the suffering caused by surgical negligence. Our panel of solicitors are highly experienced in medical negligence claims and are dedicated to helping patients recover the compensation they deserve.
We offer:
- A free initial consultation
- A No Win No Fee service
- Access to expert medical negligence solicitors
- Support gathering evidence and arranging medical assessments
Let our specialist panel guide you through the surgical negligence claims process with confidence. Get in touch today to get started by:
- Calling us on 020 3870 4868
- Using the live chat feature
- Contacting us online
Frequently Asked Surgical Negligence Questions
What Is Surgical Negligence?
Surgical negligence is when a medical professional breaches their duty of care during surgery, causing avoidable harm to the patient.
Will The Hospital Pay For The Compensation?
If the claim is successful, compensation is paid by the NHS Trust or the private healthcare provider’s insurance policy, not the individual surgeon.
Will My Surgeon Lose Their Job If I Claim?
Not necessarily. Claims focus on compensating the patient. Disciplinary actions are handled separately by the healthcare provider or the General Medical Council (GMC).
How Long Will A Surgical Negligence Claim Take To Be Settled?
This varies depending on the complexity of the case, the availability of evidence, and whether liability is admitted. Some claims resolve in months; others take longer.
Will I Still Be Entitled To Treatment If I Claim?
Yes. Making a claim will not affect your access to either NHS or private healthcare.
Learn More
For more helpful medical negligence claims guides:
- Learn about common examples of wrong medication claims
- Find out how to claim for delayed treatment
- Get help with making a pharmacist negligence claim
Or, for further resources:
- Take a look at examples of professional standards for doctors from the General Medical Council (GMC)
- Get advice for claimants from NHS Resolution
- Information on choosing a surgeon from the Royal College of Surgeons
Thank you for reading our guide to surgical negligence claims.
