Surgical Negligence Claims

Contact us

Contact

  • “They are able to handle all clinical negligence claims including the very biggest catastrophic brain injury claims.”

  • “Stephanie is absolutely fantastic. She works incredibly hard for her clients and has a great deal of compassion.”

Every year the NHS performs millions of operations (in 2013/2014 there were 4.7m operations performed by NHS hospitals). Many more elective procedures take place at private hospitals across the country every day. The vast majority of these procedures are successful and without complication. However, sometimes surgical errors are made, and in some cases the result of such errors can be catastrophic or even fatal, leading to surgical negligence claims being carried out.

What is Surgical Negligence?

Surgical negligence happens when a surgeon during an operation causes injury to the patient or makes a pre-existing injury worse than before.

All medical professionals are expected to provide their patients with a reasonable standard of care which demonstrates an acceptable level of competence. Surgeons are therefore expected to provide a reasonable degree of care and skill when carrying out operative procedures. If they do not, and if a patient suffers harm as a result, a claim for clinical negligence can be brought.

In order to prove a claim of negligence, the patient will need to show that the surgeon performed the operation in a manner that would not be supported by a responsible and logical body of medical practitioners who are qualified in that area of medicine. For example, a Consultant Orthopaedic surgeon’s performance will be judged by reference to a responsible body of Orthopaedic Surgeons. If there is no such responsible body who would have acted in the same way, the surgeon will be held to have been negligent. In addition, the patient will need to show that this caused them to suffer injury and loss. If the patient can show that ‘but for’ the surgeon’s negligence, they would have avoided injury, and then their claim for compensation will succeed.

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. Sometimes foreign bodies such as surgical instruments are negligently left inside a patient following an operation, something which can cause pain and infection. Other types of claims include causing nerve damage during an operation, or damage to other organs that is not diagnosed and rectified at the time of the surgery (or within a reasonable period of time) and also causing infection to the patient due to poor hygiene before, during or after the surgical procedure.

Additionally, prior to undertaking a surgical procedure on a patient, it is the duty of the surgeon to obtain informed consent from the patient. Informed consent means taking reasonable care to ensure that all material risks of the operation are explained to the patient and ensuring that any reasonable alternative or variant treatments are discussed with the patient. If the surgeon does not do this, then the patient will be taken not to have given their informed consent to the procedure, even if they have signed a pre-operative consent form.

Case Examples

The Clinical Negligence team at Osbornes Law have many years’ experience of representing patients who have been injured as a result of surgical negligence.

One such example was a patient who was admitted to hospital for an arthroscopy procedure on his shoulder. During the course of the operation, the surgeon used a skin staple to secure an elastic drape that was covering the patient’s shoulder. This staple fell into one of the patient’s operation portals and this went undetected by the surgeon. It was not removed at the end of the operation prior to the closing of the patient’s wound, and thereafter following the patient’s discharge led to infection. The patient suffered months of pain and suffering before undergoing an x-ray of his shoulder, following which the staple was identified. The patient had to undergo a further operation to remove the staple. Osbornes represented this patient in his subsequent clinical negligence claim against the hospital and obtained an admission of liability. Following negotiations with the hospital’s lawyers, the case eventually settled for a five-figure sum. This included compensation for:

  • The pain and suffering experienced by the claimant;
  • The cost of subsequent medical treatment on a private basis;
  • The cost of care provided to the claimant by his partner following the operation;
  • Loss of earnings which the claimant incurred whilst he was off work as a recovering from the surgery due to infection.

Another example was a patient who suffered nerve damage during an open reduction and internal fixation operation following an ankle fracture. The risk of nerve damage was not mentioned to the patient prior to the procedure being undertaken. As a result of the nerve injury the patient has suffered long term pain and has been unable to work in her job as a cleaner. Our Clinical Negligence team obtained a supportive report from a Consultant Orthopaedic Surgeon and from an expert in Peripheral Nerve Injury. Both experts were of the opinion that the injury to the nerve was negligently caused.

We have also acted for women who have suffered an injury to their bladder and/or bowel, or both during routine surgery and there was a delay in diagnosing this. As a consequence, they suffered life-long medical difficulties.

Have you suffered surgical negligence?

If you or a loved one have suffered an injury following an operation then you may have a claim for clinical negligence. 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. 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.

Our team of medical negligence solicitors have acted for many patients who have suffered injury as a result of surgical negligence and so please do get in touch if you wish for them to investigate your claim.

Our Promise to You

  • We will review your potential claim by advising you on the NHS complaints procedure or other alternative procedures if your case does not relate to NHS care and treatment.
  • We will not charge a fee for our time in reviewing your case.
  • We can assist you with any issues that you may have regarding the complaints procedure or that you encounter in obtaining copies of your medical records.
  • We will advise you of the best course of action in respect of your case.

Contact us

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you






    • Osbornes is a very respected firm in the marketplace.

      Chambers UK 2024

    • They handle really complex cases very well

      Chambers UK 2024

    • The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.

      Chambers UK 2024

    • Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.

      Chambers UK 2024

    • Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.

      Chambers UK 2024

    • Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.

      Legal 500 2024

    • Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions

      Legal 500 2024

    • A joy to work with and always 100% client focused at all times.

      Legal 500 2024

    • The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients

      Legal 500 2024

    • “The team is very quick and efficient in responding."

      CHAMBERS UK 2023

    • "Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."

      CHAMBERS UK 2023

    • ‘They are ambitious for their clients and expect high standards from all who work with them.’

      Legal 500 2023

    • "Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."

      Legal 500 2023

    • "Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."

      Legal 500 2023

    • Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.

      Chambers UK

    • "An excellent firm which achieves fantastic outcomes for clients."

      Legal 500 2021

    • "Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."

      Legal 500 2021

    • "Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."

      Legal 500 2021

    • "Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."

      Legal 500 2021

    • "Stephanie shows sensitivity and deals with things in an understanding way."

      Chambers UK 2021

    • Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.

      Legal 500 2020 - Clinical Negligence

    • The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.

      Legal 500 2020 - Clinical Negligence

    • "Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."

      Legal 500 2020 - Stephanie Prior

    • "Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."

      Chambers UK

    • "Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."

      Chambers UK

    • "An exceptional outfit. They take on difficult cases, fight hard and win."

      Chambers UK

    • "The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."

      Chambers UK

    • Stephanie Prior is always very professional and kind. Highly recommended.

      Medical Negligence Client

    • Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.

      Medical Negligence Client

    News & InsightsVIEW ALL

    1. Supreme Court Ruling pic
      11.1.2024

      UK Supreme Court Ruling regarding Secondary Victims in...

      Introduction to the Supreme Court’s Decision on Secondary Victims in Clinical Negligence Cases The Supreme Court has today, on...

      Read more
    2. 5.1.2024

      Delayed Pre-Eclampsia Diagnosis Resulting in Tragic Baby Loss

      Introduction to the Case Nick Leahy, Associate in our Clinical Negligence department, has recently settled a birth injury claim against...

      Read more
    3. ambulanta din UK
      12.12.2023

      NHS Compensation Payouts Guide

      What Are NHS Compensation Payouts? In the UK, the National Health Service delivers the vast majority of healthcare services. When...

      Read more
    4. 23.11.2023

      Claim against Bradford Teaching Hospitals NHS Foundation Trust

      Osbornes acted for a Claimant, C, in her birth negligence claim against Bradford Teaching Hospitals NHS Foundation Trust for negligent...

      Read more
    5. Cancer treatment in a modern medical private clinic
      21.9.2023

      Large Compensation for Delayed Laryngeal Cancer Diagnosis

      Actress receives financial award after life-changing missed cancer diagnosis. Jodi Newton acted for a client who was belatedly diagnosed with...

      Read more
    6. Fatal Medical Negligence Claim
      21.9.2023

      Delayed cervical cancer diagnosis claim

      Jodi Newton acted for a woman who died following a delayed cervical cancer diagnosis. The deceased could have been diagnosed...

      Read more
    7. 19.9.2023

      NHS England Waiting Lists: PM Blames Doctors’ Strike

      NHS England’s waiting list has been growing over the past decade, rising from 3 million in 2014 to 7.7 million in July...

      Read more
    8. hospital
      19.9.2023

      Appendicitis Compensation Claim

      Failure to diagnose appendicitis case settles for 5-figure sum Stephanie Prior was instructed in a claim against Bedfordshire Hospitals NHS...

      Read more
    9. model of a spine
      19.9.2023

      Spinal Fracture Case Settles for 6-figure Sum

      Spinal Fractures following cessation of Denosumab injection Stephanie Prior was instructed in a spinal injury claim against Mid and South...

      Read more
    10. Beautician hold syringe for young female client
      13.9.2023

      Delayed skin cancer diagnosis

      We are pleased to have successfully settled a client’s claim for a delayed cancer diagnosis – Basal Cell Carcinoma (“BCC”)....

      Read more
    11. waiting
      31.8.2023

      NHS waiting lists hit an all-time high

      Medical Negligence Solicitor Jodi Newton explains: England’s NHS waiting lists have hit the highest number since 2007, reaching a record...

      Read more
    12. baby
      31.8.2023

      Hyponatraemia – Symptoms, Causes & Negligence

      What is hyponatraemia? Hyponatraemia is a condition where sodium levels fall below a certain level, which can be dangerous. All...

      Read more
    13. Ambulance vehicles at the Royal London Hospital
      10.8.2023

      Ambulance Delays Affecting Rapid Patient Treatment

      In 2017, the Secretary of State for Health accepted the new ambulance performance standards recommended by NHS England, meaning that the 11...

      Read more
    14. Fatal Medical Negligence Claim
      1.8.2023

      Compensation Claim for Fatal Bowel Injury

      Jodi Newton, a Partner in the Clinical Negligence Department at Osbornes Law, has recently settled a long running case against...

      Read more
    15. private hospital
      26.7.2023

      Private Healthcare Negligence

      Can you claim negligence against a private hospital? Yes – it can be a little more complicated than bringing a claim...

      Read more
    16. hospital
      19.6.2023

      Prison Healthcare Negligence

      Nicholas Leahy, a solicitor in the Clinical Negligence Department at Osbornes Law, has  recently successfully settled a long running case...

      Read more
    17. new born baby
      9.6.2023

      Early Notification Scheme – is it helping or failing...

      What is the Early Notification Scheme? The NHS Early Notification Scheme (“ENS”) has reached its sixth anniversary. Established in April 2017,...

      Read more
    18. 5.6.2023

      Are pharmacy closures putting patients at risk?

      It has been reported in the press that chemist closures will have an impact on patients living in deprived or...

      Read more
    19. Confidential file
      11.4.2023

      Osbornes Instructed After Local Authority Data Breach

      Osbornes Law has recently negotiated a settlement on behalf of two clients who had their personal information inadvertently released to...

      Read more
    20. pregnant lady
      23.3.2023

      Private Pregnancy Scans and Substandard Care

      In the news, it has been reported that private clinics that offer pregnancy scans to women are not meeting the...

      Read more
    21. baby hand in mothers hand
      7.3.2023

      5-figure settlement for infusion leak to mother

      Elline Demetriou has reached another successful outcome for a Claimant, who pursued a post C-section birth injury to mother claim...

      Read more
    22. Cannula in right arm of indian man
      14.2.2023

      The risk of extravasation injuries during iron infusion...

      Many patients with low iron, particularly during pregnancy or postnatally, may be advised they need an iron infusion such as...

      Read more
    23. water
      9.2.2023

      Perineal Tear case settles for 6-figure sum

      Stephanie Prior recently settled a claim relating to a woman who delivered her baby after a traumatic labour. Her son...

      Read more
    24. dentist
      23.1.2023

      Court avoided after settlement agreed in dental negligence...

      The Medical Negligence team have recently negotiated the settlement of a complex dental negligence case. Our client experienced a number...

      Read more

    VIEW ALL

    Accreditations

    • Times best law firm 2024
    • The Law Society Personal Injury Accreditation