Surgical negligence is surgery below an acceptable and professional level. It is surgery that harms the patient, and negligence claims range from wrong-site surgery to unnecessary delays in the NHS  and damage to surrounding nerves and organs. 

If you suffer an injury during surgery caused at least in part by someone else’s medical negligence, you may well be entitled to make a claim for compensation. In a surgical negligence claim, you seek compensation for the possible harm done by the surgeon and surgical team.

Your personal injury solicitor seeks to recover damages through a claims process. If you or a loved one have been injured and your life impacted by an accident that was someone else’s fault, a claim for compensation seeks financial redress for the injuries and financial losses.

If you have been injured in an accident and it was not your fault, The Personal Injury Team No Win No Fee solicitors can file your compensation claim for the money you deserve.

Surgical negligence claims

Table of Content

What is a surgical negligence claim?

A surgical negligence claim is when you seek compensation for a personal injury you suffer during surgery. You may be able to claim damages when you suffer surgical negligence in pre-surgery care, during surgery and in post-op surgical care. 

You might be able to claim compensation for the injury due to medical negligence and the effects of it on your life. You could be injured, need further surgery, and have large medical bills to pay, but you might be able to claim compensation to cover your costs. 

The NHS or private clinic has a duty of care to those who use their hospitals for inpatient or outpatient surgery. If they breach that duty of care and you suffer surgical negligence, you might have a medical negligence claim for compensation. 

A No Win No Fee personal injury solicitor can review your case and advise if you have a valid surgical negligence claim.

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Common surgical negligence claims

Common surgical negligence claims range from severed nerves, wrong limb amputation and infection caused by poor hygiene care. Surgical negligence may have a lasting effect on your life, and you can make a surgical negligence claim for compensation.

 Common surgical negligence claims are:

  • Wrong-site surgery removes a healthy kidney
  • Surgery on the wrong patient
  • Poor hygiene standards cause infection after surgery
  • Unnecessary surgery causes scarring
  • Damage to other organs during surgery
  • Foreign body left inside a patient during surgery
  • Nerve damage due to surgery
  • Unnecessary delays in surgery
Common surgical negligence claims

Wrong-site surgery removes a healthy kidney

Wrong-site surgery removes a healthy kidney claim can happen if the surgical team does not follow accepted procedures. The surgeon does not read the patient notes, the team preps the patient incorrectly, or there is a mix-up in surgery planning. 

The patient loses a healthy kidney and could have a surgical negligence claim. Other types of wrong-site surgery include amputation of the wrong limb, surgery on the wrong eye and knee surgery on the wrong knee. 

Surgery on the wrong patient

Surgery on the wrong patient can happen when the surgical team does not cross-check the patient’s name with their notes. Two James Jones may be waiting for surgery, but the team should have the right one for the correct surgery. 

To mix up a patient with their surgical procedures can cause lasting damage. Losing a healthy organ will have a traumatic effect on a patient and could lead to a compensation claim for surgical negligence.

Poor hygiene standards causing infection after surgery

Poor hygiene standards causing infection after surgery could endanger a patient’s life. Infection spreads quickly in surgical settings, and MRSA and other antibiotic-resistant bugs can be difficult to treat and may even be life-threatening. 

The hospital authorities should have strict hygiene protocols in place to prevent infection after surgery. 

If you or a loved one contract an infection after surgery, you may have a surgical negligence claim for compensation.

Unnecessary surgery causes scarring

Unnecessary surgery causes scarring, such as that left by an open surgical procedure, when keyhole surgery would have been a better option.

Patients should be fully informed of all options before surgery. If a non-surgical or less invasive option is available, the team should advise the patient accordingly.

Damage to other organs during surgery

Damage to other organs during surgery can happen if the surgeon does not pay full attention when working on the patient. A simple surgery can quickly go wrong if the surgeon nicks the bowels or a lung when hurrying to finish the work. 

Surgery has its dangers, and damaging other organs can cause the body to go into shock or spread an infection into the bloodstream. 

You may have a claim for surgical negligence if the surgeon damages other organs during your surgery.

Foreign body left inside the patient during surgery

A foreign body left inside the patient during surgery happens when the surgeon and surgical team are negligent in adhering to protocol. All equipment and other items should be accounted for after surgery, and all precautions should be taken to avoid infecting the patient. 

Swabs, surgical thread, and rubber gloves are common foreign bodies left inside a patient during surgery. 

The foreign body will cause infection, and the signs may not become obvious until the patient becomes very ill after surgery.

Nerve damage during surgery

Nerve damage during surgery can happen when working on a joint replacement, and the surgeon nicks a nerve while operating. 

The surgeon must be aware of all dangers during surgery and take care to avoid doing damage to surrounding nerves and organs. 

Nerve damage may require further surgery and could take a long time to heal, affecting the patient and their life.

Unnecessary delays in surgery

Unnecessary delays in surgery can cause a condition to worsen and reduce the effectiveness of surgery. 

Unnecessary delays, such as poor roster planning causing postponements to surgery, can seriously affect cancer patients. 

Surgery should be scheduled according to NHS guidelines, and suffering due to unnecessary delays should be avoided at all costs. 

A No Win No Fee medical negligence solicitor can take your case and see if you have a valid compensation for surgical negligence claim.

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Compensation for surgical negligence claim

In a No Win No Fee surgical negligence claim, you might be able to seek compensation ranging from a few thousand pounds to more than £10 million. How much compensation you can claim depends on the injuries suffered and the financial effect of those injuries on your life.

If someone else is responsible for your personal injury, you might be able to claim compensation from their insurance company.

Sample compensation amounts in a personal injury claim are as follows. Please note these are figures for the injuries only. Financial losses would apply in addition:

  • Minor scarring to the face, from £1,710 to £3,530
  • Injury to the bowel causing permanent damage from £12,590 to £24,480
  • Moderate hip and pelvis injury, from £12,590 to £39,170
  • Severe shoulder injury, from £19,200 to £48,030
  • Permanent mobility problems with legs, from £54,830 to £87,890
  • Severe back injury, from £38,780 to £160,980
  • Permanent damage or loss of both kidneys from £169,400 to £210,400
  • Moderate brain injury, from £43,060 to £219,070
  • Paraplegia, from £219,070 to £284,260

(The figures given here are for General Damages amounts only. You might also receive compensation for any financial losses you suffer due to the personal injury. Figures are taken from Judicial College Guidelines 16th Edition and are accurate as of April 2023.)

Compensation calculator

There is not one fixed amount in personal injury claims. The circumstances differ from person to person and claim to claim, and the amount of compensation awarded is tailored to the circumstances of your claim. 

A No Win No Fee personal injury solicitor can give you an idea of what to expect from their experience in compensation claims.

What can you claim for compensation in a surgical negligence claim?

In a surgical negligence claim, you claim compensation for two types of damages: General Damages and Special Damages.

The amount of compensation awarded is the total of these two types of damages.

General damages is the claim you make for what is known as PSLA, or the Pain, Suffering and Loss of Amenity you experience directly from the medical negligence. 

Pain is that suffered as a direct result of the injury or any treatment for it. 

Suffering is the discomfort in your life as a result of the injury

Loss of Amenity is the disruption to your daily life, such as difficulty or restriction in walking, sitting, playing sports, and sleeping.

Special damages cover your past and future financial losses. These could include loss of earnings, care costs, medical treatment or specialist rehabilitation, aids, adaptations and any other out-of-pocket expenses you have or might suffer due to the medical negligence injury.

Loss of earnings is for income lost directly from being off work and any reduction in income expected from not being able to return to your current type of employment.

Care costs include the care needed to recover from the injury and any long-term care and treatment costs, whether provided by friends and family or professionally.

Out-of-pocket expenses are for your medical appointments, travel and accommodation and any other costs incurred after the injury.

Compensation is awarded to cover all losses, including loss of life, medical expenses and long-term care needs arising from the injury in a medical negligence case.

You need records such as payslips, all day-to-day receipts, and any other paperwork showing your losses from the injury.

A No Win No Fee solicitor handles your medical negligence claim and seeks the compensation you deserve.

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Who is eligible for compensation in a surgical negligence claim?

You might be eligible for compensation in a surgical negligence claim if you suffered due to a breach of care during your surgery. 

If you suffer due to delays in surgery, errors during surgery or poor medical care after surgery, and it was not wholly your fault, you may have a surgical negligence compensation claim. 

You may also be able to claim compensation on behalf of a loved one if they are too sick to make the claim themselves. Your solicitor can talk you through the process and help you make the surgical negligence claim for an ill loved one. 

If your child is aged under 18 at the date of the surgical negligence, you can bring the claim against the NHS or private healthcare provider on their behalf. A parent, guardian or trusted loved one, usually a close relative, can become a litigation friend who represents the child in discussions with a solicitor. The litigation friend can make decisions on the child’s behalf and be involved in every step of the process. 

A child has until they turn 18 to make a surgical negligence claim. Once your child turns 18, they have another three years, until they turn 21, to make their own claim for personal injury, providing one has not already been made. 

If you or a loved one passes away, any dependents may be able to claim compensation. They may be able to claim compensation if the loved one dies due to surgical negligence. 

A dependent is defined as:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

If you are one of the listed above, you may be defined as a dependent if you were partially or fully financially dependent on the person who dies due to surgical negligence. 

You may have a claim for compensation if you are a dependent of someone who passes away due to surgical negligence.

Who is responsible for a surgical negligence claim?

The NHS Trust, which runs the hospital where you had the surgery, can be responsible for a surgical negligence claim. 

A tired anaesthetist, a poorly-trained nurse or a surgeon doing surgery at the end of a busy day might cause your injury, but the NHS as their employer, is responsible for the compensation claim. 

Medical negligence is treatment by a medical professional that is below acceptable standards. If you experience medical treatment during surgery that another professional doctor would not provide, you may suffer surgical negligence. 

The private hospital or clinic where you are a patient may also be responsible for the negligence. It could be that the hospital employed a surgeon or nurse not qualified for the work involved, and you suffered medical negligence as a result.

Who is responsible for a surgical negligence claim

Any NHS hospital or private clinic that does not practice good hygiene standards may also be responsible for medical negligence. 

If the NHS hospital does not follow accepted guidelines for patient treatment, it may be responsible for surgical negligence. NICE guidelines outline how a patient should be treated, and a breach of those guidelines could be surgical negligence. 

Your No Win No Fee solicitor can help you make a claim against those who could be responsible for your surgical negligence.

Our Process

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Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 027 0370 or request a callback here.

Claim Evaluation

Once you have spoken with our team we’ll let you know how we can help. This will involve a thorough case review and understanding of the incident, financial damages and physical injuries.

Legal Letter

Once we are satisfied we have all the information we require and have a full understanding of your circumstances. We send a letter of claim to the negligent party outlining your claim and compensation requirements.

Potential effects of surgical negligence

The potential effects of surgical negligence range from infection to life-limiting disabilities and even death in some cases. Instead of doing a simple surgical procedure, the surgeon has breached their duty of care to the patient, and the potential effects may be with the patient for life.

 Potential effects of surgical negligence are:

Living without a limb after a surgery error can affect your ability to drive and live an independent life. Movement issues and the need to adapt your home and car will cost money, and you may be able to claim damages for the costs involved.

Living with a damaged organ can limit activity, affect your ability to exercise and cause digestion issues. Your life may be limited, and you may need to be on medication for a time.

Living with an infection after surgery, such as MRSA and other surgically acquired conditions, can put pressure on your life, and you could need to spend time in hospital. An infection after surgery may take time to clear and could threaten your life.

Living with wrong site surgery can have many effects, such as adjusting your diet after gallbladder removal or learning to walk again after knee joint replacement. 

Your life may be restricted, and you could have problems returning to work and with social activity.

Living with bowel and bladder surgery errors can be difficult if you suffer incontinence or sudden bowel movements. You may need to be within reach of a bathroom or wear incontinence pads, limiting your ability to work and lead an active life. 

The potential effects of surgical negligence could affect you for life. You may have difficulties with playing sports, getting to work, and living an independent life. 

A No Win No Fee medical negligence solicitor can make your surgical negligence claim for compensation if you suffer poor medical treatment by a surgeon.

What are the steps in making a surgical negligence claim?

To make a claim for surgical negligence compensation, there are usually a few standard steps to follow. We will guide you through the entire process from first contact through to the conclusion of your claim.

Instruct a No Win No Fee medical negligence solicitor as soon as possible. A solicitor can look at your case and see the extent of your injuries and how it might form a medical negligence compensation claim.

Only a No Win No Fee medical negligence solicitor will have the experience and the team to handle your claim. They will know what your claim may be worth and how to get the best results for you.

You may require medical treatment or investigation if you have suffered an injury due to medical negligence. It is important that the nature and extent of your injuries are contemporaneously recorded in your medical records.

This may be in a consultation with your GP if you have less severe injuries which do not require immediate treatment but do not clear up in a reasonable timeframe. You may need investigations, referral to a specialist, or maybe physiotherapy.

Of course, in a serious or life-threatening medical negligence claim, you will attend A&E, and the hospital medical records will detail your injuries and treatment.

The solicitor gets all details and evidence to support your case in the next step of the claims process.

Your Personal Injury Team solicitor will speak to you and obtain a detailed description of what happened, all injuries suffered, and the financial losses you sustained.

An experienced medical negligence expert will assess the case. If they confirm you have a valid medical negligence compensation claim, they can discuss the next steps in the process with you and answer any of your questions.

The solicitor submits the claim for medical negligence to the NHS Trust, GP Clinic or private medical provider who may be responsible for your injury. Your solicitor submits the claim by writing to the negligent party to outline your possible claim.

The negligent party has to give a written response to your solicitor’s letter within twelve weeks of receiving it.

Your Personal Injury Team lawyer will advise you of the time limit applying to your case and what to expect during the process.

Getting the response from the negligent party informs your medical negligence solicitor how the case is likely to proceed.

The negligent party can either admit liability in the case or state that they intend to defend it.

When the negligent party decides to defend the case, it is known as ‘denying liability’ in legal terms.

If the negligent party admits liability, which often happens, your medical negligence solicitor will obtain medical evidence. You may need to have a consultation with a medical expert that your solicitor will arrange. Once completed, medical evidence and details of your financial losses will be sent to the insurer of the negligent party.

The negotiation period then starts, often resulting in the settlement of your claim. You would be closely involved in this process and given expert advice throughout – no compensation would be agreed upon without your authority.

In very large claims, you are likely to have to see a number of medical experts over a longer period. When the injuries suffered are significant, it can take a long time until the final prognosis is known. Your solicitor will advise you on the likely timescales and when, tactically, will be the best time to enter settlement discussions with the defendant.

Often, claims for life-changing injury will be negotiated at a “settlement meeting” with the defendants. The two sides may meet, and during the meeting, your case will be outlined, and negotiations will take place.

You would be at this meeting and be closely involved in this process, and no settlement would be agreed upon without your authority.

At this stage, your solicitor, and sometimes a barrister, will handle the meeting and advise you on what is on offer and what level of compensation to accept.

Going to court is the final step if the negligent party does not accept responsibility for the medical negligence or if the negligent party admits liability but refuses to pay a fair amount to you in compensation.

Issuing court proceedings is handled by your solicitor.

Although court proceedings are started in some cases, very few medical negligence cases make it to a court case before a judge. The vast majority will settle before having to issue court proceedings, and even where proceedings are issued, few cases end up at a trial.

Your Personal Injury Team solicitor will advise you through the entire process from start to finish.

steps in making a surgical negligence claim

A No Win No Fee medical negligence solicitor

A No Win No Fee medical negligence solicitor should be your only choice when making a claim. A No Win No Fee medical negligence solicitor fights your case and does not take a fee if you do not win.

A No Win No Fee solicitor only charges you for winning the case, and you can agree to all the terms before the claim begins. The insurance company may pay some of the legal fees, and a No Win No Fee solicitor will agree with you on how much of the shortfall might come from your compensation.

It is usually a percentage of up to a maximum of 25%, although the deduction may be nothing in larger cases.

You should be cautious about instructing a solicitor who does not have experience with medical negligence cases and who will not agree to take your case on a No Win No Fee basis, as you could end up with a large bill if your claim fails. 

An experienced No Win No Fee solicitor handles your medical negligence claim to try and get you the compensation you deserve.

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How long do I have to make a claim for medical negligence?

You have three years to make a medical negligence claim for compensation. The three years usually begin from when you suffered possible medical negligence.

Medical negligence compensation claims must generally be brought and court proceedings issued within three years of the negligence.

If a loved one has passed away, the family can start a medical negligence compensation claim within three years of the date of death.

There is no time limit for medical negligence claims for those who lack mental capacity.

Your No Win No Fee medical negligence solicitor will know all claim limits and how to make a possible claim within your time limit.

Are you eligible for compensation?

If you want to pursue damages for the accident you have suffered, we have a simple 3 step process to make sure you get the compensation you deserve.

  • Take our online assessment & speak with our team
  • Our team of claim specialists will undertake a full case review
  • We will send a legal letter and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Will I have to go to court for my claim?

You are very unlikely to have to go to court to make your claim for surgical negligence compensation.  

If you follow our advice, the claim process usually goes smoothly, and the vast majority of claims will be settled long before court proceedings are needed.   

Our medical negligence team will fight your case. Even if court proceedings must be issued because, for example, the defendant unreasonably denies liability, the case is still unlikely to have to end up at a trial. 

Very few compensation claims require court proceedings, and even fewer, less than 1%, will end up at trial.

Find out how much you can claim for today

Find out how much you can claim for today by using our online assessment tool. It will give you an idea of what you might be able to claim for and what compensation you might be able to expect in a medical negligence claim.

Compensation amounts are guidelines only on what to expect from your claim. Our solicitors can advise you using their expertise and experience and can quickly tell you if you have a valid medical negligence claim and what to do next.

Our team of No Win No Fee medical negligence solicitors can take your case to seek the compensation you deserve. We have the experience to handle your claim for compensation and see it through to a successful conclusion, whether the claim is worth £1,500 or more than £10,000,000.

Take our online assessment today to get an idea of claim amounts and what you could be due for the pain, suffering and impact on your life.

Contact your Personal Injury Team today for immediate expert advice tailored to you.

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