Surgical Negligence Claims

Every year, millions of operations are carried out safely by the NHS and private hospitals across the UK. Most procedures go smoothly. However, when mistakes happen, the consequences can be serious, sometimes life-changing or even fatal. In such cases, patients may have grounds to bring a medical negligence claim.

What is surgical negligence?

Surgical negligence happens when a surgeon or medical team causes harm to a patient during surgery by failing to meet the required standard of care. This can mean making an avoidable mistake or worsening an existing condition. It is a specific form of clinical negligence, relating to errors made before, during, or after a surgical procedure.

Surgeons are legally and professionally expected to carry out procedures with a reasonable degree of skill and care. If they fall short of this standard, and the patient suffers as a result, a claim for surgical negligence may be justified.

To succeed in surgical negligence claims, two key legal elements must be proven:

• Breach of duty: That the treatment fell below the standard expected of a reasonably competent surgeon in that field.
• Causation: That the harm would not have occurred ‘but for’ the negligent act or omission.

In practice, a surgeon’s conduct is assessed by reference to a responsible body of other surgeons working in the same field. For example, an orthopaedic surgeon’s actions will be judged against a responsible body of other orthopaedic surgeons. If no competent body had acted the same way, surgical negligence is likely to be established.

Common types of surgical negligence

Surgical negligence can arise in many different ways, depending on the nature of the procedure and the standard of care provided. While every surgical case is assessed on its own facts, certain types of surgical errors are more commonly associated with successful surgical negligence claims.

Below are examples of situations in which surgeon negligence or failures by the wider surgical team may give rise to a claim:

Wrong procedure or wrong-site surgery

Operating on the wrong body part or performing an incorrect procedure is a serious and avoidable error. These mistakes can lead to unnecessary pain, additional surgery, prolonged recovery, and lasting physical or psychological harm.

Retained surgical items

Surgical instruments, swabs, or staples may sometimes be left inside the body following an operation. Retained foreign objects can cause infection, internal damage, and significant complications, often requiring further corrective surgery.

Nerve or organ damage

Damage to nerves or internal organs may occur during surgery, particularly where anatomy is misidentified or excessive force is used. While some risk is inherent in certain procedures, unrecognised or avoidable injury, or a failure to act promptly once identified, may amount to surgical negligence.

Surgical infections and poor aftercare

Post-operative infections, including serious conditions such as sepsis, may result from inadequate sterilisation, poor surgical technique, or failures in post-operative monitoring and aftercare. Where proper infection control measures are not followed, patients may have grounds for surgical infection claims.

Failure to obtain informed consent

Patients must be given clear and accurate information about the risks, benefits, and alternatives to a proposed procedure. If material risks are not properly explained, and the patient would have made a different decision had they been fully informed, this may constitute negligence, even where a consent form has been signed.

When does surgical negligence give rise to a claim?

Not every complication or unsuccessful outcome following surgery will amount to negligence. A surgical negligence claim may arise where avoidable harm has been caused because the surgeon or surgical team failed to meet the required standard of care. To establish whether a claim for surgical negligence is likely to succeed, the following legal elements must usually be present:

A breach of the duty of care

Surgeons owe patients a legal duty to provide treatment that meets the standard expected of a reasonably competent professional in their own speciality. A breach may occur where mistakes are made during diagnosis, surgical planning, the procedure itself, or post-operative care.

Avoidable injury or harm

The patient must have suffered injury that was not an inevitable or accepted risk of the procedure. This may include physical injury, psychological harm, prolonged recovery, or the worsening of an existing condition.

Causation: linking the breach to the injury

It must be shown that the injury would not have occurred but for the negligent act or omission. This often requires detailed medical evidence to demonstrate a clear link between the breach of duty and the harm suffered.

Errors before, during, or after surgery

Surgical negligence is not limited to mistakes made in the operating theatre. Claims may arise from:

• Failures in pre-operative assessment or planning
• Errors during the surgical procedure
• Delays in recognising or treating post-operative complications

Where these failures fall below acceptable professional standards and cause harm, a surgical negligence claim may be justified.

What can you claim compensation for?

If you have suffered harm as a result of surgical negligence, you may be entitled to claim compensation for a range of losses. The amount and type of compensation depend on the nature of the injury, its impact on your daily life, and any financial or personal costs incurred. If your case relates to the NHS, our NHS compensation payouts guide provides more information.

General damages

General damages cover the physical and psychological impact of the injury, including:

• Pain and suffering
• Loss of amenity or quality of life
• Psychological trauma or anxiety resulting from the surgical error

Special damages

Special damages reimburse actual financial losses directly caused by the negligent surgery. These may include:

• Loss of earnings during recovery or due to long-term incapacity
• Costs of private medical treatment, rehabilitation, or therapy
• Care provided by family members or paid carers
• Travel expenses related to medical appointments
• Future financial losses if the injury impacts earning capacity or lifestyle

Legal and medical costs

In some cases, you may also be able to recover:

• Legal fees for pursuing a successful claim
• Expert medical reports needed to prove negligence and causation

Compensation is assessed based on the harm suffered and the evidence presented. Our specialist surgical negligence solicitors can help determine which types of compensation you may be entitled to and guide you through the claim process.

How to start a surgical negligence claim

If you or a loved one has experienced an injury following a surgical procedure, you may have grounds for a claim based on surgical negligence. Understanding the process is essential to seeking justice and compensation for your injuries.

1. Get expert legal advice

Contact a specialist surgical negligence solicitor as soon as possible. They can assess your case, explain your rights, and guide you through the legal process. Early advice ensures that important evidence is preserved and deadlines are met. For cases involving the NHS, starting with our guide on suing the NHS for negligence can provide useful information.

2. Gather medical records

Comprehensive documentation of your treatment is essential. Your solicitor will obtain hospital records, operation notes, and other relevant medical files to establish what occurred and whether the standard of care was breached.

3. Consult a medical expert

Often, we will need to instruct an independent medical expert to comment on the treatment you received and whether, in their opinion, the level of care fell below that which could be supported by a responsible body of surgeons. This expert will evaluate whether, in their opinion, the level of care fell below that which could be supported by a responsible body of surgeons. Their insights can significantly strengthen your claim.

4. Consider time limits (limitation period)

Most surgical negligence claims in England and Wales must be brought within three years from the date of injury or from when the patient first became aware of the harm. In cases involving children or patients lacking mental capacity, different rules apply. Acting promptly is therefore essential to avoid losing your right to claim.

5. Preparing and submitting your claim

Once your solicitor has gathered evidence and expert opinions, they will formally submit your claim to the relevant hospital, trust, or surgical provider. Your legal team will negotiate on your behalf to seek a fair settlement, and if necessary, take the case to court.

Real case examples: How Osbornes Law has helped

Our team has acted for numerous clients who suffered avoidable harm during surgery. These real-world examples illustrate the types of surgical negligence claims we handle and the outcomes our clients have achieved.

Retained surgical staple after shoulder surgery

We represented a man who underwent an arthroscopy on his shoulder. A surgical staple fell into the wound and was left behind. This led to a serious infection, months of pain, and the need for further surgery. We secured a five-figure compensation sum, covering:

• Pain and suffering
• Private medical treatment costs
• Care provided by his partner
• Loss of earnings during recovery

Nerve injury following ankle surgery

Another client suffered permanent nerve damage during surgery to repair a fractured ankle. She had not been warned about the risk beforehand. The injury left her unable to return to work. We obtained expert evidence and successfully secured a settlement.

Undiagnosed organ damage

We have also supported women injured during routine surgeries where damage to the bladder or bowel was not identified in time. In some cases, these delays caused lifelong complications. Our legal team achieved admissions of fault and meaningful compensation.

What our clients say

I can’t thank Jodi Newton and the team enough for their support throughout my medical negligence case. From day one, they were compassionate, professional, and incredibly thorough. They took the time to explain everything clearly, kept me updated regularly, and fought hard to get the outcome I deserved. I always felt listened to and genuinely cared for, which made a difficult process much easier to get through. I would highly recommend osbornes law to anyone looking for expert legal support with a personal touch. Read the client review on TrustPilot.

 

My father underwent an operation at a leading private hospital in Central London a couple of years ago. Sadly when the anaesthetist was preparing him he went too far with a guidewire which caused a complete heartblock requiring emergency surgery for a pacemaker and then unable to have the original surgery because of this. After much gaslighting by those concerned I approached Osbornes. Thankfully with their very knowledgable expert witnesses along with Jodi’s unwavering confidence and attention to detail our case was taken on. Communication and patience were key to the success of our case, and Jodi’s kind and always understanding manner helped our family cope with the damage caused. Thankfully last week a settlement was agreed and we are pleased with the result so we can finally put this all behind us. We were so lucky to be referred to Osbornes Law and even more lucky to have had the pleasure to know Jodi. Read the client review on TrustPilot.

Why choose Osbornes Law?

Choosing the right legal team is crucial when pursuing a surgical negligence claim. At Osbornes Law, our specialist solicitors combine extensive legal experience with practical knowledge of complex medical cases.

Specialist expertise

Our solicitors are accredited by the Law Society and are members of the Action Against Medical Accidents (AvMA) panel. Our solicitors hold Law Society Clinical Negligence Accreditation and are regulated by the Solicitors Regulation Authority (SRA). We have a proven track record in surgical negligence claims, representing clients across the UK in both NHS and private hospital cases.

Compassionate, practical support

We understand the emotional and physical impact of surgical errors. Our team provides clear, practical advice and support throughout your claim, helping you navigate the process with confidence.

No-win, no-fee arrangements

Most of our surgical negligence claims are handled on a no-win, no-fee basis. This means you can pursue your claim without worrying about upfront legal costs.

Evidence-based approach

We work closely with independent medical experts to build a strong case, ensuring that claims for compensation are based on clear, professional evidence of breach and harm.

Start your surgical negligence claim today

We understand how overwhelming it can be to deal with the aftermath of a surgical error. Our team of surgical negligence solicitors is here to guide you every step of the way, helping you understand your rights and pursue the compensation you deserve.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811