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.

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 a claim, two key things 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.

For example, an orthopaedic surgeon’s actions will be judged against a responsible body of other orthopaedic surgeons. If no competent body would have acted the same way, negligence is likely established.

Common types of surgical negligence

There are many different types of surgical negligence. However, some of those most commonly experienced in practice include the performance of the wrong procedure or operating on the wrong body part.

• Wrong procedure or body part: Operating on the wrong body part or performing the incorrect procedure entirely.
• Foreign objects left inside the body: Leaving surgical tools, sponges, or clips inside the patient after surgery, often causing infection or pain.
• Nerve or organ damage: Unintended damage to nerves or internal organs, particularly when not recognised and treated promptly.
• Infections due to poor hygiene: Post-surgical infections (Sepsis, for example) caused by inadequate sterilisation or aftercare.
• Failure to obtain informed consent: If a patient is not properly informed and would have made a different decision had they known the risks, this may amount to negligence, even if a consent form was signed. Before surgery, patients must be fully informed about the risks, possible alternatives, and likely outcomes of the procedure.

Real case examples: How Osbornes Law has helped

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.

Starting 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: Our team of medical negligence solicitors have acted for many patients who have suffered injury as a result of surgical negligence. Get in touch if you wish for them to investigate your claim.
2. Gather medical records: It will be necessary for our team to obtain all of your medical records to determine what went wrong and whether this could have been avoided. This documentation is crucial for establishing the facts of your case.
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.

Why choose Osbornes Law?

• Specialist clinical negligence solicitors with a proven track record in surgical negligence claims
• Accredited by the Law Society and members of the Action Against Medical Accidents panel
• No-win, no-fee available in most cases
• Compassionate, practical advice throughout your claim

Start your surgical negligence claim today

We understand how overwhelming it can be to deal with the aftermath of a surgical error. Our team is here to listen, support you, and fight for 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