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Undergoing surgery is a vulnerable experience that requires us to put our trust in the surgical team to provide the highest standard of care. When minimum expected standards aren’t met, patients face the prospect of navigating the physical, emotional, and financial fallout of avoidable harm. To start the surgical negligence claims process, you need to be able to show that the suffering you experienced before, during, or after an operation was unnecessary and the direct result of substandard care. We understand that this situation can feel overwhelming when all you want to do is focus on your recovery. So, our advisory team is here to listen and help explain how medical negligence compensation could support your healing journey.
Essential Information
- Surgical negligence can result from poor hygiene standards, the presence of foreign bodies left behind after a procedure, improper techniques, and substandard post-operative care.
- The consequences of surgical negligence vary from case to case, ranging from incorrect limb removal to organ damage and infection.
- Various measures can prevent or minimise the risk of surgical errors, including clear communication between surgical teams and patients.
- The Royal College of Surgeons provides resources to help maintain service standards for those delivering surgical care.
- Here at Legal Helpline, our panel of No Win No Fee solicitors offer a nationwide service to help claimants gather evidence, file paperwork, and communicate with other parties.
If you are in need of fast and clear guidance on claiming for surgery negligence, get in touch with our friendly team of advisors who will be more than happy to help. Please find the contact details below:
Jump To A Section
- What Are Surgical Negligence Claims?
- Can I Claim For Negligent Surgery?
- What Surgeries Are Common In Medical Negligence Claims?
- Surgical Medical Negligence Compensation Amounts
- How Should Surgical Errors Be Prevented?
- What Do I Need To Prove Surgical Negligence Occurred?
- Is There A Surgery Negligence Claim Time Limit?
- No Win No Fee Surgery Medical Negligence Claims
- More Information
What Are Surgical Negligence Claims?
Surgical negligence claims are the legal process by which patients can pursue compensation if the care they received before, during, or after an operation fell below minimum expected standards, resulting in otherwise avoidable pain and suffering. We’ve provided several examples of medical negligence involving surgery below:
- Improper Techniques: A surgeon causes nerve damage when they apply excessive force with instruments.
- Wrong-Site Surgery: The wrong limb is operated on when a surgeon misreads a patient’s files, causing long-term damage to a previously healthy leg.
- Retained Foreign Bodies: A surgeon fails to notice that they have left gauze behind after a procedure, resulting in a patient developing an infection that progresses to sepsis.
- Anaesthesia Errors: An anaesthetist administers the wrong medication after failing to check whether a patient had an allergy. This results in a serious reaction in the patient during surgery.
Whether you’ve endured something similar or would like to share your own experience, speak with our advisory team today so they can see whether you can claim compensation.
Can I Claim For Negligent Surgery?
Yes, you can claim for negligent surgery if you can prove that you were avoidably harmed because the care you received as a patient was substandard. Essentially, medical professionals have a responsibility to provide you and any other patient with the correct standard of care. This obligation is referred to as a duty of care and must be met not only by surgeons, doctors, and other medical professionals, but also by hospitals and other facilities. So, with that in mind, you need to be able to establish that:
- A medical professional, such as a surgeon, owed you a duty of care
- They breached this duty of care
- The breach resulted in you suffering harm that was avoidable
One important thing to acknowledge moving forward is that not every instance of harm will be the result of negligent surgery. Unfortunately, any operation carries inherent risks, and patients may still experience harm even when a surgical team provides the correct standard of care.
What If The Surgical Procedure Was Done By The NHS?
If the surgical procedure was done by the NHS, you can still make a claim for the unnecessary suffering you endured due to substandard care. In this instance, your claim would be handled by NHS Resolution, acting on behalf of the relevant NHS trust. Don’t worry about negatively impacting public services if you decide to claim, as this organisation has its own funding pot to pay out compensation to claimants.
Can I Claim Surgical Negligence Against Private Healthcare?
Yes, you can claim surgical negligence against a private healthcare provider so long as you can prove that your suffering was unnecessary and a direct result of receiving poor care. Unlike claims against the NHS, the provider’s insurer would be responsible for paying out compensation if your claim is successful.
Am I Able To Claim For Surgery Done Abroad?
You may be able to claim for surgery done abroad if you can prove that poor care caused you to suffer avoidable and otherwise unnecessary harm. That being said, the best course of action in this scenario is to connect with a solicitor to help you navigate the surgical negligence claims process.
Can I Make A Claim On Behalf Of A Loved One?
Yes, you can make a claim on behalf of a loved one if they are unable to pursue compensation themselves because they are mentally incapacitated or too young (under 18) to do so for themselves. In this situation, you can claim for them as a litigation friend. This role requires you to fulfil various duties during the claims process and always act in the best interests of your loved one.
Our advisors understand that eligibility criteria can raise many questions, and they are here 24/7 to answer them clearly and quickly.
What Surgeries Are Common In Medical Negligence Claims?
General, cosmetic, obstetric, neurosurgical, and gynaecological procedures are among the most common surgeries featured in medical negligence claims. Please take a look at what other surgeries are common in surgical negligence claims:
- General: Includes hernia repairs, gallbladder and appendix removals, and mastectomies.
- Cosmetic: Procedures encompass breast augmentations, liposuction, and rhinoplasty.
- Orthopaedic: Claims may involve problems with joint replacements, such as knee or hip surgery, or poor fracture repairs.
- Obstetrics and Gynaecology: These may range from caesarean sections to fertility treatments. Claims can cover harm to both the mother and the baby.
- Cardiothoracic and Neurosurgery: Due to the high-risk nature of these surgeries, patients may suffer paralysis or brain damage.
Why not deepen your understanding of how to make a medical negligence claim by talking to our advisors today?
Surgical Medical Negligence Compensation Amounts
For successful claims, surgical medical negligence compensation amounts vary depending on the severity of someone’s pain and suffering, and what financial losses have been incurred. Compensation for pain and suffering is specifically covered by general damages, which can take into account:
- The extent and nature of the harm
- The prognosis and presence of long-term disabilities
- Whether your quality of life has been affected
- If there has been psychological damage
Your solicitor may value general damages by assessing your medical report and the Judicial College Guidelines (JCG). The JCG document can be particularly useful for this, as it matches suggested compensation brackets with different kinds of harm. With the exception of the first entry, several of these brackets are shown in the table below. All of the entries are included for guidance only and do not guarantee surgical negligence compensation.
| HARM | COMPENSATION GUIDELINE | NOTES |
|---|---|---|
| Several Severe Instances of Harm with Special Damages | Up to £1 Million+ | Special damages covering loss of earnings, private medical treatments, and child care costs. |
| Paralysis - Tetraplegia | £396,140 to £493,000 | At top end of bracket, physical pain will be present or senses and communication will be significantly affected. |
| Paralysis -Paraplegia | £267,340 to £346,890 | Factors considered include the degree of independence as well as age and life expectancy. |
| Brain Damage - Very Severe | £344,150 to £493,000 | The claimant will require full-time nursing and may have some ability to follow basic commands. |
| Brain Damage - Moderately Severe | £267,340 to £344,150 | The person will be very seriously disabled and will have a substantial dependency on others around them. |
| Brain Damage - Moderate (i) | £183,190 to £267,340 | In this bracket, the claimant will have a moderate to severe intellectual deficit as well as a personality change. |
| Amputations - Above-Knee Amputation of 1 Leg | £127,930 to £167,760 | This award is determined by the level of the amputation and the severity of phantom pains. |
| Amputations - Loss of 1 Arm (i) | Not Less Than £167,380 | The arm will have been amputated at the shoulder. |
| Bladder - Seriously Impaired Control | £78,080 to £97,540 | The claimant will have suffered serious impairment of control and will have some pain and incontinence. |
| Spleen - Organ Loss (a) | £25,380 to £32,090 | There will be continuing risk of internal infection and disorders due to immune system damage. |
What Else Can Surgical Negligence Claims Payout For?
Surgical negligence claims can also payout for special damages if the unnecessary suffering you experienced had financial consequences, such as loss of earnings and private medical bills. Take the time to have a look at some financial losses that special damages could reimburse you for:
- Loss of income, extending to pension contributions and any future impact
- Rehabilitation, including occupational therapy and mental health services
- Day-to-day support from family or professional carers
- Home and car adaptations to accommodate disabilities
- Medical expenses, such as privately funded corrective surgery
- Travel expenses incurred while attending medical expenses
To include special damages in your surgical negligence compensation claim, you must be able to prove your financial losses. This is done by providing your solicitor with receipts, bank statements, and other financial documents. Our advisors can explain how a solicitor from our panel could help with this. They can also provide you with more tailored guidance on how to claim surgical negligence compensation.
How Should Surgical Errors Be Prevented?
Surgical errors should be prevented through a combination of clear communication, standardised processes, staff training, and other measures. Take a look at some specific ways that errors can be eliminated or at least minimised:
- Pre-Procedural Verification: Multi-step process that ranges from confirming the correct procedure to marking the surgical site.
- Time-Out: Allowing the entire surgery team to stop what they are doing to check in and confirm key details of the procedure.
- Patient Identification: Confirming the patient’s identity by using at least two identifiers, including things like the individual’s name and date of birth.
- Medication Management: Ensuring the patient receives the correct medication tailored to their individual needs while considering any potential allergens.
- Team Communication: Fostering a workplace environment that actively encourages open communication, allowing all team members to share their concerns and ask questions without the fear of being reprimanded.
- Sufficient Training: Ensuring medical professionals have the necessary training to perform their job and provide the correct standard of care to patients.
If you believe that appropriate measures were not in place for you before, during, or after your surgery, please speak to one of our expert advisors.
What Do I Need To Prove Surgical Negligence Occurred?
To prove that surgical negligence occurred, you may need your medical records, a copy of any internal reports made, and other evidence that can show how your unnecessary suffering was the direct result of substandard care. Our guide on proving medical negligence in the UK takes a detailed look at different types of evidence and their role in building a strong case for compensation.
Here at Legal Helpline, we recognise that the idea of gathering evidence can feel overwhelming when you’re trying to focus on your recovery and spending time with your loved ones. That is why our panel of solicitors always take the time to help their clients with this vital task. You can find out more about this service by reaching out to our dedicated team of advisors today.
Is There A Surgery Negligence Claim Time Limit?
Yes, there is a 3-year surgery negligence claim time limit from the date of the initial incident or when you first became aware of the substandard care, as per the Limitation Act 1980. This doesn’t mean you have to conclude your surgery negligence claim within this time limit; you just have to start it. You can get more information on this part of the claims process in our comprehensive time limit guide.
You can also reach out at any time during the week to chat with our friendly advisors, who will be happy to answer any questions you may have.
No Win No Fee Surgery Medical Negligence Claims
Here at Legal Helpline, our panel of solicitors use their expertise to provide tailored support throughout the No Win No Fee surgery medical negligence claims process. They specifically offer this client-focused support through a Conditional Fee Agreement. This No Win No Fee contract means that you won’t have to pay service fees for your solicitor’s work at the following stages of your surgical negligence claim:
- Before you begin pursuing compensation
- During the surgical negligence claims process
- If your claim fails
If you do receive surgical negligence compensation, you will pay your solicitor a success fee. This fee is taken directly out of your surgery negligence compensation as a percentage that is legally capped by The Conditional Fee Agreements Order 2013. Your solicitor will explain all of this before they get started on your case, so you’ll know from the outset that you’ll keep the bulk of your compensation.
Our Services
The comprehensive range of services our panel of medical negligence solicitors provides centres on a holistic approach to supporting clients throughout the claims process. At Legal Helpline, client well-being is at the heart of how our panel of solicitors approach every claim. They recognise that being represented by someone who genuinely cares about your needs can make all the difference when navigating the claims process. Mindful of this, they always take the time to ensure that clients get the support and help they need, including:
- Explaining all the legal jargon so you know exactly what is happening with your claim
- Assisting with identifying the evidence needed to support your claim and actively helping to obtain this proof
- Regular updates that not only keep you informed about your case, but also ensure you stay in control of the process from start to finish
- Help with accessing a wide range of rehabilitation specialists, including psychologists, physiotherapists, and occupational therapists
Contact Legal Helpline’s Advisors
You can contact Legal Helpine’s advisors any time during the week by using the information listed below:
- Phone on 0333 000 0729
- Contact us online
- Text us using our live chat.
More Information
For more information on medical negligence, have a look at these guides below:
- Read our guide on cosmetic surgery claims.
- See whether you should accept the first compensation offer for medical negligence.
- Check out our answers to common medical negligence FAQs.
To broaden your research, check out the external resources below:
- NHS guidance on how to make a complaint.
- Government overview of Statutory Sick Pay.
- NHS overview of never events policy.
Thank you for taking the time to read our guide on surgical negligence claims.
