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. A surgical error in theatre is only one of the ways it happens.
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. A surgical error means a mistake made during the operation itself, but negligence can just as easily lie in the planning, the consent or the care afterwards.
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
Signs of infection, internal bleeding or a leak that were there after the operation and were not acted on in time.
Consent not properly taken
Not being warned of the material risks of the surgery, so you could not make a fully informed decision.
Types of surgery we handle claims for
A claim can follow almost any operation. These are the areas we are asked about most, and several have a page of their own with more detail.
Gallbladder and bile duct surgery
Bile duct injury during gallbladder removal is one of the most common surgical injuries we see.
Anaesthetic errors and awareness
The wrong dose, a reaction that was not managed, or becoming aware during an operation. See our anaesthetic awareness claims page.
Gynaecological surgery
Injury during a hysterectomy, sterilisation or other gynaecological procedure. Covered on our gynaecology negligence claims page.
Heart and cardiac surgery
Delays, avoidable damage during surgery, or a complication missed on recovery. See our cardiology negligence claims page.
Eye surgery
Avoidable damage during cataract or other eye surgery, and problems that were not picked up afterwards. Related: optician negligence claims.
Orthopaedic and spinal surgery
Nerve damage, surgery at the wrong level, or a joint replacement that went wrong and needed revision.
Not on this list? It does not mean there is no claim. Tell us what operation you had and what happened afterwards, and we will look into it.
How much compensation for a surgery negligence claim?
Every claim is different, so it is not possible to promise a figure. Surgical negligence 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.
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.
What is a surgical error?
A surgical error is a mistake made during an operation, such as operating on the wrong site, leaving an instrument or swab inside, or damaging an organ, nerve or blood vessel that should have been avoided. Not every error is negligence and not every poor outcome is an error, because some complications happen even with good care. What matters for a claim is whether the care fell below the standard expected of a competent surgeon and whether that probably caused you a worse outcome. An independent consultant surgeon is the one who answers that.
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.
How long after surgery can I claim?
Usually up to three years, but the three years do not always start on the day of the operation. It runs from the date of the negligence or from the date you first realised the harm was linked to it, and with surgery that can be much later, because problems sometimes only become clear months or years afterwards. For children the time limit runs until their twenty first birthday, and where someone lacks the mental capacity to bring a claim there may be no limit at all. If you think you may be out of time, ask us to check rather than assuming.
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.
What if the surgeon was private, a locum or no longer at the hospital?
None of that stops a claim, and you do not need to work out who is responsible before you ring. In the NHS the claim is normally brought against the trust rather than the individual, and NHS Resolution handles it whether or not the surgeon still works there. In private care, the position depends on whether the surgeon was employed by the hospital or working under their own arrangements, and on the insurance behind them. Working out who the claim runs against is our job, not yours.
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.
- Free, no-obligation and confidential
- No Win No Fee available
- SRA regulated solicitors
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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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