Surgical negligence, the medical negligence of an injury caused by errors before, during and after surgery, can impact your life today and in the future. In the case of fatal surgical negligence, your family and loved ones will suffer the effects.

Surgical negligence may be when the surgeon nicks another internal organ during surgery. Surgical negligence can be an infection contracted during surgery, or it may be if the surgery team does not get fully informed consent from you.

Every medical professional owes you a duty of care. If a surgeon breaches their duty to you, causing an injury, it may be surgical medical negligence. You may be able to claim compensation in a surgery negligence claim.

Medical Negligence Team No Win No Fee medical negligence solicitors can make your surgical negligence compensation claim.

Surgical Negligence

Table of content

Are you eligible for compensation?

If you want to pursue damages for the negligence 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 doctors will undertake a full medical review based on your medical records

  • 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.

What is a surgical negligence claim?

A surgical negligence claim is the legal process to get compensation for the effects of the surgery errors on your life. You make a surgical negligence claim for the unnecessary surgery, the wrong-site surgery and the injury caused by the negligent surgery.

NHS Resolution handles medical negligence claims against the NHS. Medical negligence in the NHS is known as a ‘never event’ as it should never happen, but it does, and surgery negligence is common in the NHS. Orthopaedic Surgery negligence comes in second on the list of overall claims made against the NHS at 11.5% in 2024. Three spots down the list of medical negligence claims comes General Surgery negligence at 5.8% of all claims made to NHS Resolution during the year. 

Surgical negligence happens. Surgical negligence claims are made against the NHS every day in England, and surgery negligence claims amount to over 5% of the value of overall claims made in 2024

The Medical Negligence Team will be with you when making your surgical negligence compensation claim.

Common surgery negligence claims

Common surgery negligence claims range from delayed appendicitis surgery to nicking an artery during surgery to not prescribing an antibiotic post-surgery.

You make a medical negligence claim for the impact on your life of the surgical negligence.

Wrong-site surgery claims are a common cause of surgical negligence compensation claims.

A surgeon may need to amputate the right foot, but they do not read the notes correctly and remove the left foot, or a nurse marks the wrong foot before surgery.

The wrong site surgery may be an operation on the wrong body part, such as the left thyroid instead of the right. The surgeon operates on the healthy body part, possibly damaging it, and you still have your original medical problem.

Unnecessary damage caused during surgery claims are for the injury to the patient during surgery that happens in every hospital.

Removing the gallbladder, a cholecystectomy, is done using keyhole or laparoscopic surgery. If the surgeon cuts through the wrong bile duct during the operation, it may be surgical negligence.

Similar surgery errors, such as nicking an internal organ, can happen too. The surgery will also leave you with unsightly and unnecessary scarring.

You will need a longer recovery time and stay a few days in hospital.

Ineffective surgery claims are for when the surgeon did not complete the surgery or failed to rectify the issue due to medical negligence.

The surgeon may operate to remove a cyst but leave part of it behind or not reset a broken bone correctly during surgery following an accident.

The surgical negligence could see you needing more time in hospital and further surgery.

Leaving foreign objects inside the body, surgery claims are for any surgical instruments, gauze and swabs left behind in error post-surgery. 

If the surgeon and the surgery team do their job properly, everything is accounted for before closing the wound. Surgical negligence, like leaving foreign objects inside the body, is avoidable. The serious side effects can be infection and pain, and may cause a lot of damage to your body.

It is surgical negligence when this happens, and you may have a surgical negligence compensation claim.

Failure to recognise blood loss after the operation or to effectively control loss of blood during surgery happens when the surgeon is negligent.

The failure to effectively control the loss of blood can lead to shock to the other body organs, damage to the heart and even death in some cases.

You may also have a claim for unnecessary blood loss if the surgeon fails to prescribe anticoagulation medication post-surgery.

A surgical error claim for the damage caused by unnecessary blood loss can get you the money you deserve

Failure to recognise infection post-surgery happens when the surgeon does not take due care, such as giving a strong antibiotic or ordering close supervision of the patient.

Lack of hygiene is a cause of infection and lies behind many surgical negligence compensation claims.

If surgical wounds are not correctly treated and infection is not controlled, the body may develop Sepsis, and the life of the patient could be in danger.

The surgeon is responsible for ensuring there is little or no infection following surgery.

Nerve damage during surgery would not happen if a surgeon performs a professional job in the operating theatre.

A careless surgeon may nick the nerve near the area of surgery and cause significant damage to it. Nerve damage includes pain and stress, and can cause a lot of psychological upset.

Nerve damage during surgery is medical negligence and will form part of your surgical negligence claim for compensation.

Perforation of organs during surgery is a very serious form of surgical negligence.

When doing routine surgery, the surgeon may perforate your bowel or bladder and fail to notice it. Causing the damage may be negligent, but failing to recognise the damage can lead to further complications.

The damage caused includes severe infection, possibly permanent damage to the organ and many months of hospital visits and recuperation.

The clinical negligence compensation claim for the perforation of organs can be for very high amounts of damages.

Medical negligence when giving anaesthesia may be for giving too much anaesthetic or too little of it.

If there is surgical negligence, like giving too much anaesthesia, the patient may be difficult to resuscitate and could need ICU admittance.

Too little anaesthesia and you may wake during surgery with obvious consequences of anaesthetic awareness and post-surgery trauma.

The clinical negligence can also include damaging the teeth, throat and neck area when readying the patient.

Failure to follow recommended practice by a surgeon should never happen in a professional environment. Every surgeon is trained to follow recommended practice in theatre, and there is no excuse for ignoring it.

It is surgical negligence when the surgeon does not follow the recommended practice. The protocol exists to protect your life and to avoid unnecessary damage during surgery.

You can claim compensation for the negligence during your surgery.

Operating when it is unsafe to do so claims can be for the likes of doing surgery when not enough staff are on duty or when the surgical team are not fully trained for the surgery.

Every team should be fully trained to check patients and report any worries to the surgeon.

The surgeon should not carry out surgery if they are unfit to do so, such as if they are fatigued, ill or under pressure for time.

Operating when it is unsafe to do so is surgical negligence and could form part of the compensation claim.

Compensation for a surgical negligence claim

Compensation for a surgical negligence claim ranges from more than £10,000 in some cases to amounts over £10 million in the more severe cases, such as brain damage and disability for life. 

You can make a surgical negligence claim against a medical professional and the NHS for their breach of duty of care before, during and after surgery.

Compensation in surgical negligence claims can be:

  • Failure to fully inform a patient before surgery- £86,900

  • Damage to another organ during routine surgery – £106,600

  • Wrong-site surgery causing injury – £126,500

  • Failure to complete cancer surgery – £257,300

  • Brain damage due to surgical negligence – £1.1 million

(All amounts are approximate and are only a guide to what is possible in a surgical negligence claim. Figures can be high in some claims as the injured patient could need long-term care and may face medical bills for life due to medical negligence.)

You can claim for these care expenses and any medical costs in the future in a surgical negligence compensation case.

As in all medical negligence claims, each case is dealt with on its merits and how much the patient suffers due to the medical negligence. 

Your Medical Negligence Team solicitor will know from experience what your case may be worth and how to make a successful compensation claim for surgical negligence.

What are damages in a surgical negligence claim?

Damages in a surgical negligence claim are the costs to you when you suffer medical negligence, such as financial losses, but also for the damages of the pain and suffering caused by the surgery negligence.

The surgical negligence compensation is calculated by combining the two types of damages due when claiming for any kind of medical negligence: 

General Damages in a surgical negligence claim are for PSLA, the pain, suffering, and loss of amenity.

You claim for the PSLA you have experienced due to wrong-site surgery or due to suffering from unnecessary invasive surgery in a NHS Hospital.

  • Pain is that above what is generally expected for your condition, made worse by the medical negligence.
  • Suffering is the inconvenience and changes to your life that cause you unnecessary discomfort when you experience surgical negligence.
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Special Damages in a surgical negligence claim can include any loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future. 
  • Future care costs are for any care you will need as a result of the medical negligence, causing your condition to worsen.
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals.

Be sure to keep payslips, receipts, and proof of any losses you experience due to the medical negligence before, during and after surgery. 

You deserve compensation to cover all losses, including loss of life for dependents, medical costs, and long-term care needs. 

When you or a loved one experiences unnecessary suffering due to medical negligence by a surgeon or the surgery team, you can claim medical negligence compensation.

You can claim compensation for any damages that occurred when you sue for medical negligence during surgery.

Make a surgical negligence claim today

Make a surgical negligence claim today by contacting the Medical Negligence team. You or a loved one suffered injury due to medical negligence by a surgeon and their team, and you can claim compensation.

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis, and you will not be out of pocket for an unsuccessful claim. We have both the legal and medical experts to guide you through the process of a successful claim for surgical negligence compensation.

Our 100% Compensation Guarantee puts all the money you win into your pocket.

We have a very high success rate and a reputation for a speedy and successful resolution of all medical negligence claims.

Contact The Medical Negligence Team, and let us handle your surgical negligence compensation claim today.

Medical Negligence Claim Assessment

Take our 5-minute claim assessment to determine the strength and validity of your case. This is a 100% cost and commitment free service.

Medical negligence FAQs

You have three years to make a claim for surgical negligence. All medical negligence claims are subject to limitation periods.

For example, in England and Wales, medical negligence cases must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim.

Parents of a child have until the child turns 18 to make a medical negligence claim. The claim can help cover costs such as medical care, adaptations to the house, and any car modifications.

If your child has suffered due to medical negligence, they typically have until they reach the age of 21 to start a medical negligence claim or court proceedings.

Persons with a disability, and who lack capacity, are not subject to any limitation period.

No, you are very unlikely to have to go to court with a surgical negligence claim.

The majority of cases are settled well before there is a need for court action, and NHS Resolution will see most cases are dealt with, in conjunction with your solicitor, before a referral to court by either side.

Your solicitor will want to keep the surgical negligence claim out of court and get it settled in your favour as quickly as possible.

If your claim is one of the very few cases that do go to court, it will be handled by your No Win No Fee medical negligence solicitor.

You may not need a medical negligence solicitor, but using a No Win No Fee medical negligence solicitor may be the only way to a successful compensation claim.

The medical negligence solicitor will have experience dealing with the NHS, NHS Resolution, and insurance companies when handling a medical negligence claim. 

A solicitor will know the causes of the medical negligence, discover who caused the medical negligence and outline the effects of the negligence by a medical professional.

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.

A No Win No Fee medical negligence solicitor will not charge you for a claim you do not win. 

A medical negligence calculator is a tool that provides an estimate of potential compensation for medical negligence.

Our medical negligence calculator is only suitable for giving you a general idea of what to expect when you make a compensation claim. It does not account for all aspects of your medical negligence case, nor give you the full amount of compensation due.

Only a medical negligence solicitor can look at your case thoroughly and give you an accurate estimate of the compensation you could receive.

Yes, you can make a surgical negligence claim on behalf of a loved one.

A child cannot make a medical negligence claim until they turn 18, but they may need the compensation now to cover their medical costs and treatment. You can make the claim.

You can make a medical negligence claim for the loss of a loved one due to a fatal error by a medical professional. In the case of a loved one who has a disability or suffered brain damage due to medical negligence, the dependents can make a compensation claim.

In any medical negligence case, those left behind or caring for an injured person who cannot claim are known as ‘dependents.’

The dependants who can claim compensation for medical negligence can be:

  • A spouse or former spouse
  • Someone who lived with the injured person for two years before the injury 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

You can make a compensation claim for the impact of the medical negligence on your life and that of your family.

We fight for our clients!

“I fractured my wrist and Barts Hospital Trust in London failed to arrange appropriate follow up in the fracture clinic and as a result my surgery was delayed. Medical Negligence Team Law obtained all my medical records and radiology and quickly settled my claim. I received 100% of the compensation recovered with no deductions”

Mrs C.M., London

“Following open surgery in October 2022 I continued to have pain in my wound. It was discovered a piece of drain had been left inside me causing me pain and suffering and the need to have a further surgical procedure to remove it. In June 2023 Medical Negligence Team Law completed my claim and I got 100% compensation awarded. Thank you.”

Mrs B, Hertfordshire

“My pharmacy issued me with quetiapine rather than venlafaxine which had a significant impact on my mental health. Andy, Anthony and the team at Medical Negligence Team were incredibly helpful and obtained compensation for the pain and suffering I endured as well as payment for loss of earnings. They paid all the compensation, 100%, to me. I would highly recommend them.”

Mrs S. R., Peterborough

“My late father had a fall in hospital breaking his hip which required surgery. The fall was due to a lack of supervision. Medical Negligence Team won our case and got us the compensation we deserved. We received 100% of the compensation recovered. Many thanks to all the team at Medical Negligence Team. Would definitely recommend them.”

Mr D.C., Nottingham

“I am happy to accept the £3,000 compensation, I just want to thank you for helping me with this! Your service has been amazing!”

Miss M.P., West Yorkshire

“I required Tegretol medication for my underlying epilepsy and nocturnal seizure control but my pharmacy gave me something completely different by mistake. As a result after many years of having no seizures I had a number of seizures, a fall and needed time off work. The Medical Negligence Team got me the compensation I deserved including money for lost wages. They also paid 100% of the compensation to me with no deductions.”

Mr J.B., Kent

“Our pharmacist gave my husband the incorrect medication and while on holiday and taking the medication my husband became seriously ill. We had to rush home from Spain as a result of this. Medical Negligence Team recovered the costs for our abandoned trip and compensation for the pain my husband endured while he was recovering. They were very friendly, responsive and we received 100% of the compensation with no deductions.”

Mrs A.P., Worksop

“Medical Negligence Team Law quickly settled my medical negligence claim and I received 100% of the compensation recovered. I would highly recommend them.”

Miss P.R , North Yorkshire

“Your care and support was outstanding, making me feel supported and reassured and you kept in constant contact with any worries I had explained and swiftly responded to thank you, would recommend highly.”

Mr B.H., Brighton

“Medical Negligence Team Law won my pharmacy negligence claim and I received 100% of the compensation recovered.”

Mr G.P. , South Yorkshire

“My pharmacy incorrectly gave me fast acting insulin causing problems with my blood sugars which made me very unwell for one month until the mistake was discovered. Medical Negligence Team Law quickly settled my claim and I received 100% of the compensation with no deductions.”

Mr G.W. , Lincolnshire

“Great service and communication from everyone at Medical Negligence Team Law throughout my claim. They handled my claim on a No Win No Fee basis and I received 100% of the compensation recovered.”

Miss A.W , Liverpool

“Medical Negligence Team Law quickly settled my claim. They were friendly and helpful throughout the whole process and above all I received 100% compensation recovered with no deductions.”

Mr S.B., Northamptonshire

“A leaking IV iron infusion caused permanent staining to my arm. I received £13,000 compensation,100% with no deductions. Would recommend Medical Negligence Team to anyone.”

Mrs R. R., South Yorkshire

“I needed surgery to remove an ovarian cyst. The NHS did the wrong operation first time round and they drained rather than remove the cyst. I then had to have a further operation to do the operation they should have done first time round with significant pain in between as the cyst came back. Medical Negligence Team quickly settled my claim. I received 100% of the compensation and was delighted with the service and communication throughout. They really are medical negligence experts”

Mrs T.S., South Yorkshire