Surgery Negligence Claims
When an operation went wrong
If an operation went wrong because of negligent surgical care, and that caused you avoidable harm, you may be able to make a surgery negligence claim. We will listen, explain your options gently, and never pressure you.
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Can you claim for surgery negligence?
You may be able to make a surgery negligence claim if the surgical care you received fell below the accepted standard, and that failure probably caused you avoidable harm. Surgical negligence can happen before, during or after an operation, from the way it was planned and consented to, to how it was carried out and how any complication was managed.
Some complications are recognised risks of surgery, so a claim looks carefully at whether what happened was down to negligence, not just that a complication occurred. This applies on the NHS or in private care. If you are not sure, our team can look into it for you, gently and without any obligation.
What counts as surgical negligence?
Surgical negligence claims can arise from any of these, where the care fell below the standard expected.
Wrong-site or wrong procedure
Surgery on the wrong part of the body, or the wrong operation carried out. These are recognised as “never events”.
Something left inside
A swab, instrument or other item left in the body after surgery, another “never event” that should not happen.
Avoidable injury during surgery
Damage to an organ, nerve, or blood vessel that a careful surgeon should have avoided, including bile duct injuries.
Anaesthetic errors
Mistakes with the anaesthetic, including the wrong dose or a patient becoming aware during the operation.
Complication missed afterwards
An incomplete history or examination that missed the signs pointing to a fracture.
Consent not properly taken
Not being warned of the material risks of the surgery, so you could not make a fully informed decision.
How much compensation for a surgery negligence claim?
Every claim is different, so it is not possible to promise a figure. Compensation is usually made up of two parts: an amount for the harm and its effect on your life, and an amount for the financial impact.
For the injury itself, the courts use the Judicial College Guidelines, which set out bracket ranges by severity as guidance, not a promise. The right figure depends on an independent medical assessment.
- The pain, suffering and lasting effects of the harm
- Corrective surgery, treatment and rehabilitation
- Lost earnings, now and in the future
- Care, travel and support while you recover
For serious cases, an interim payment can sometimes be arranged before the claim ends, to help with treatment or lost income. Your solicitor will explain whether that is possible in your situation.
Claiming on behalf of someone else
You can claim for an adult who lacks the mental capacity to claim for themselves. If a loved one died and negligent surgical care contributed to it, the family may also be able to bring a claim, through their estate and as dependants.
We know how hard this is, and there is no rush. We will handle everything sensitively and at a pace that feels right for you.
- The suffering your loved one experienced
- A fixed bereavement award set by law, where it applies
- Funeral costs and lost financial support
How a surgical negligence claim is proven
You do not need to gather medical evidence yourself. We arrange the records and the independent experts. Here is what a claim
usually looks at.
Not sure if it was negligence? That is normal, and it is our job to find out. A first conversation is free, and there is no obligation to take things further.
No Win No Fee surgery
negligence claims
Where a claim can be taken on this basis, you can start without paying anything upfront. If the claim is unsuccessful, you will not pay a fee for our work, subject to the terms of your agreement.
Where a claim can be taken on this basis, you can start without paying anything upfront. If the claim is unsuccessful, you will not pay a fee for our work, subject to the terms of your agreement.
You will see the full terms in writing before your claim begins.
Frequently Asked Questions
Everything you need to know before starting your claim.
What counts as surgical negligence?
It means surgical care that fell below the standard expected and caused avoidable harm. Examples include wrong-site surgery, an instrument left inside, avoidable damage to an organ or nerve, anaesthetic errors, a complication missed afterwards, or not being warned of the material risks before you agreed to the operation.
Is a complication always negligence?
No. Some complications are recognised risks of surgery and can happen even with good care. A claim depends on whether the care fell below the standard expected, and whether that probably caused you a worse outcome. That is exactly what an independent consultant surgeon helps us work out.
Can I claim against the NHS or a private hospital?
Both. A private hospital owes the same duty of care as the NHS. NHS claims are handled by NHS Resolution, and private claims are made against the provider’s insurer. A claim does not take money away from front-line care in the way people sometimes worry it does.
Can I claim on behalf of a loved one who died?
Yes. If negligent surgical care contributed to the death, a claim can usually be brought by the estate and by dependants, such as a partner or children. It can include the suffering before death, a fixed bereavement award set by law where it applies, funeral costs and lost financial support. There is no rush, and we will handle it with care.
How long do I have to make a surgery negligence claim?
Usually three years, from the negligence or from when you first realised it had caused harm. There are important exceptions: for children the time limit runs until their 21st birthday, and where a person lacks the mental capacity to claim there may be no time limit. If you are unsure, it is always worth asking us to check.
Talk to us, gently and in confidence
Tell us a little about what happened, and we will look into it and get back to you. There is no pressure and no obligation, and a first conversation is free.
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Medical negligence claims we handle
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Whether you want to make a claim or simply understand what happened, we can help. A first conversation is free, confidential and without any obligation.
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