Wrong site surgery claims are for the surgical negligence of operating on the wrong part of the body. Procedures are in place to ensure wrong site surgery never happens, but it does, and you can claim for Medical Negligence Compensation.
Removing the wrong toe during amputation surgery, operating on the left instead of the right arm, and even doing surgery on the liver instead of the kidneys are examples of wrong site surgery.
If you experience wrong site surgery, you will have a wrong site surgery claim for compensation.
A No Win No Fee medical negligence solicitor makes the wrong site surgery claim to get the compensation you deserve.
Table of Content
What is a wrong site surgery claim?
A wrong site surgery claim is for compensation when the surgeon does surgery on the wrong part of your body. You trust the surgeon and their team, and they have a duty of care to ensure surgery goes as planned.
You claim compensation for the surgery on the wrong site on your body. You need the surgery to improve your health and fix a problem. What you do not expect is surgery on the wrong site and to do you more harm than good.
You claim compensation for the effects of the wrong site surgery on your health and on your life. After the wrong site surgery, the original medical problem will still need treatment, with more time in hospital for you.
When making a wrong site surgery claim, your No Win No Fee medical negligence solicitor tries to discover how the wrong site surgery occurred.
How does a wrong site surgery claim occur?
A wrong site surgery claim occurs when the surgeon or surgical team is negligent when working on you. The surgeon does not provide an acceptable level of care, and as a result, you have undergone unnecessary surgery. You will then need further surgery to do the surgery you should have had in the first place.
Surgical negligence is below professional standard surgery by a surgeon. It is surgery of such a low standard that no other surgeon working at an acceptable level would provide it. Wrong site surgery is surgical negligence.
Wrong site surgery occurs when:
Wrong site surgery is known by the NHS as a ‘Never Event.’ The NHS identifies certain medical errors as avoidable and has protocols to ensure they do not happen.
Such ‘Never Events’ should not happen if all protocols are followed.
Wrong site surgery is a Never Event. The NHS has learnt from past failings and introduced protocols to ensure wrong site surgery never happens. Unfortunately, the evidence is that the Never Event of wrong site surgery still happens.
Common wrong site surgery claims show Never Events happen; when you suffer from wrong site surgery, you claim compensation.
Common wrong site surgery claims
Common wrong site surgery claims are for surgery on the wrong part of the body due to medical negligence by the surgeon and team.
Wrong site surgery is avoidable if the surgeon and team follows all protocols around a surgical procedure. You claim compensation when the surgeon makes a mistake and you suffer wrong site surgery.
Common wrong site surgery claims are:
Removing a healthy organ claim
Removing a healthy organ such as a kidney instead of the gall bladder is wrong site surgery. Instead of checking their notes, the surgeon has performed surgery on the wrong site.
Not only have you gone through unnecessary surgery, but you still have the original organ to remove.
Wrong site surgery happens on any part of the body. It would never happen if the surgery team double-checked all notes and patient records.
Amputating the wrong body part claim
Amputating the wrong part body, such as a toe on the left foot rather than the right one, is obvious wrong site surgery. The surgery team has not followed a checklist, and the surgical negligence happened to you.
The surgical negligence leaves you with permanent disfigurement and the stress it involves.
Amputation is irreversible surgery, and all care must be taken before the consultant surgeon begins their work.
Surgery on the wrong area of the spine claim
Surgery on the wrong area of the spine is performed on a different disk than described in the notes or on the wrong section of the spine. Spinal surgery is very precise, and the slightest error could be devastating.
Your spinal problem will not improve, and you will still need to undergo more back surgery, meaning more time in hospital and further stress.
The surgeon and team should check and double-check notes before performing surgery.
Removing the wrong thyroid lobe claim
Removing the wrong thyroid lobe is a surgical error that should never happen. A consultant orders the removal of the thyroid lobe as it is causing medical problems. The surgeon removes the healthy one in wrong site surgery, causing serious health issues for the patient.
The patient’s notes will indicate clearly what thyroid lobe to remove, and to make such an error is surgical negligence.
Injection in the wrong site claim
Injection in the wrong site on the body, like a muscle relaxant in the wrong shoulder or a local anaesthetic in the wrong leg, is wrong site surgery. Receiving an injection in the wrong site can cause trauma during surgery and the postponement of a vital operation.
Injections are a very effective medical tool. An injection in the wrong site can have complications for the patient and leave them with a longer stay in hospital.
Biopsy from the wrong breast claim
Biopsy from the wrong breast can mean a vital cancer test is missed or delayed. Every doctor uses tissue biopsy when detecting breast cancer, and to undergo surgery on the wrong breast is surgical negligence.
Taking a biopsy from the wrong breast may miss the cancer and give the patient a false all-clear diagnosis.
Wrong site surgery is dangerous for a patient and can be fatal.
Complications from wrong site surgery claim
Complications from wrong site surgery form part of many surgical negligence claims. Living without a toe or finger or the benefits of a gallbladder may affect you for life.
The consequences of a biopsy error could be fatal. Unnecessary scarring and mobility issues are also included in a wrong site surgery claim.
Wrong site surgery claims deal with the long-term effects of errors from surgical negligence.
Ill health from not doing the original surgery claim
Ill health from not doing the original surgery is another consequence of wrong site surgery. Not having the initial surgery leaves you open to the effects and complications of the original diagnosis.
Any ill health from not doing the original surgery could lead to a cancer progressing or intestinal problems getting worse.
A stent inserted in the wrong artery claim
A stent inserted in the wrong artery happens when the cardiac surgeon does not read the patient’s notes and scans correctly. The surgeon may insert the stent in the wrong heart artery or elsewhere in the body.
The surgeon inserts a stent to clear a blocked artery and to keep it clear. Putting a stent in the wrong part of the body leaves the artery blocked and a threat to the patient’s life.
Removing the wrong skin lesion claim
Removing the wrong skin lesion when the surgeon does not read the notes means you must undergo the surgery again. It will also have the effect of the original skin lesion getting worse and causing further problems.
Surgical procedures must follow a checklist, and the surgeon must be in full communication with the team to avoid errors. The surgical negligence of wrong site surgery by removing the wrong lesion should not happen to you.
A No Win No Fee medical negligence solicitor will make your claim for compensation against those responsible for the wrong site surgery.
Who is responsible for a wrong site surgery claim?
The surgeon in charge of the operation is responsible for a wrong site surgery claim. They are the ones who carried out the wrong site surgery and are responsible for the patient’s suffering.
The NHS Trust, which employs the surgeon and surgical team, is responsible for wrong site surgery. The negligence of the surgeon, nurse or consultant leads to errors that cause surgical mistakes.
Every medical professional is fully trained to carry out surgery as described. There is not any excuse for surgical errors, but yet they happen.
The wrong site surgery of removing the wrong limb, operating in the wrong area or taking a biopsy from the wrong breast form part of many medical negligence compensation claims.
When you suffer a wrong site surgery, you, too, can claim compensation for surgical negligence.
A No Win No Fee medical negligence solicitor will make the compensation claim when you suffer surgical negligence.
Compensation for a wrong site surgery claim
Compensation for a wrong site surgery claim ranges from the low £1,000s to amounts over £300,000. The amount varies depending on the extent of the wrong site surgery and its effect on the patient.
Compensation claims for wrong site surgery:
All amounts are approximate and are only a guide to what is possible in wrong site surgery claims.
As in all medical negligence claims, each case is dealt with on merit and how much you suffer due to the wrong site surgery.
A No Win No Fee medical negligence solicitor will be the only one who can advise you on a wrong site surgery claim. They will know from experience what your case may be worth and how to make a successful claim.
Your No Win No Fee medical negligence solicitor will handle your wrong site surgery claim and get you compensation for all damages incurred.
Our Process
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
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 246 1122 or request a callback here.
Medical Evaluation
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Legal Letter
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
What can you claim for when you sue for wrong site surgery?
You can claim compensation for any damages that occurred when you sue for wrong site surgery.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs.
When you or a loved one suffers from the effects of wrong site surgery, you make a claim for wrong site surgery negligence compensation.
Your No Win No Fee solicitor will guide you through the steps in making a wrong site surgery claim.
How common are wrong site surgery claims in the UK?
Wrong site surgery claims are very common in the UK. Surgeons make errors when they do not follow Never Event protocols, and wrong site surgery is not unusual.
The NHS statistics show how many wrong site surgery Never Events are recorded annually. The most recent statistics released by the NHS cover the period from April 2022 to the end of January 2023.
The total number of recorded wrong site surgery events in the period is 143, or nearly three per week.
Common wrong site surgery figures:
Wrong site surgery claims are common, according to the NHS, and when you suffer one, you can make a claim for surgical negligence.
Your No Win No Fee solicitor will guide you through the steps in making a wrong site surgery claim.
What are the steps involved in making a wrong site surgery claim?
The steps involved in making a wrong site surgery claim go from seeking medical advice to issuing court proceedings.
The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.
Our Process
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
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 246 1122 or request a callback here.
Medical Evaluation
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Legal Letter
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
Using a No Win No Fee Medical Negligence solicitor
Using a No Win No Fee Medical negligence solicitor is the only way to a successful wrong site surgery compensation claim.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
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.
You are the one who suffered the wrong site surgery, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for wrong site surgery?
You have three years to make a claim for wrong site surgery. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims 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 wrong site surgery claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a wrong site surgery claim or court proceedings.
Persons with a disability, who lack capacity, are not subject to any limitation period.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.
There are between 8,000 and 10,000 successful medical negligence claims against the NHS each year—amounts in compensation claims awarded against the NHS range from £1000 to over £10 million.
The amount of compensation you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your wrong site surgery claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered wrong site surgery and deserve every penny of the compensation claim.
Contact us at the Medical Negligence Team for all your medical negligence needs.
