Surgical Negligence Claims
Suffered surgical negligence? Claim compensation today
Our surgical negligence claims solicitors help victims of wrong-site surgery, retained instruments and nerve damage secure life-changing compensation on no win no fee basis.
Call 020 7485 8811 for free confidential advice.
“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
“The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth 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.
Table of Contents
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
★★★★★“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 heart block requiring emergency surgery for a pacemaker, and he was then unable to have the original surgery because of this. After much gaslighting by those concerned I approached Osbornes. Thankfully with their very knowledgeable 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.”
Contact us about a surgical negligence claim
Call us 020 7485 8811
For all new enquiries, please submit your details via the contact forms on our website. This will ensure your query reaches the right team and is handled promptly.
He also has a niche specialism in claims involving cauda equina syndrome.
Elline Demetriou is building a strong practice as a clinical negligence solicitor, handling a wide variety of cases including delayed diagnosis, surgical negligence and birth injuries.
Elline is always a pleasure to work with and always on top of complex cases.
Elline is a gifted lawyer and possesses a powerful combination of legal and medical skills, being tactically astute and having strong client care skills.
Elline is a delightful to work with and super reliable; you know she'll do a perfect job.
She advises on spinal injury claims.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.
Jodi is passionate and balances that with the ability to see the right way to run a case from her first involvement.
Jodi is very knowledgeable, gets outstanding results for her clients, and is always available when assistance is required.
Jodi is an absolute star.
Hugh has particular strength handling issues of causation and informed consent.
Hugh Johnson advises on claims regarding failures to diagnose and manage spinal injuries, as well as failings in psychiatric care.
He thinks outside the box and is always thinking a step ahead of his opponent.
Hugh is utterly charming, highly empathetic and a first rate lawyer. He always comes in with good observations.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.
A quality firm of solicitors with excellence at all levels of the team.
They know the law inside out and proactively work with counsel to drive cases forward. They are a go-to for complex claims.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Josie Robinson brings 20 years of experience to the team, with specialist insight into pelvic mesh claims and maternal death cases.
Elline Demetriou supports the team on catastrophic injury cases and has a growing caseload in maternity and care home negligence.
Elline Demetriou is an up and coming associate. She is thorough and empathetic, with great client care skills.
Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.
Nicholas Leahy is a very impressive associate. He is sharp and gets to the crux of the case quickly.
Jodi Newton is a fierce advocate for her clients and a very genuine person. She cares about each case.
Jodi Newton is fantastic. She's detail orientated and a really capable head of birth and paediatric negligence. She's a joy to work with.
Jodi Newton is particularly noted for her work on cerebral palsy and maternal injury claims.
Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.
I am always happy to get instructions from Osbornes. They have excellent quality work, the team knows exactly what they are doing and are a real pleasure to work with. Excellent legal knowledge.
The team has excellent leadership and provide an above and beyond service for their clients.
A close knit team with excellent knowledge and technical acumen across the board.
You get a real sense that they care about clients and each other, working together to get the best results.
The team works very well together as they are genuinely kind and friendly people.
Hugh's technical knowledge is superb.
He is excellent with very complex cases and their nuances.
I am very confident with Hugh representing me and always value his expertise and advice. He's always many steps ahead.
He is a master tactician and so on the ball; not a single thing goes under his radar. He really understands the medical side and is always thinking about how to achieve the best outcome for clients.
Hugh Johnson is fiendishly intelligent, with a laser sharp focus on the issues that matter.
Josie Robinson- very experienced, caring and professional. Excellent.
Elline Demetriou is one to watch for the future. She is determined and thoughtful, with a real dedication to her clients.
She is very tough, a real fighter, and drives a hard bargain for her clients. She has good judgment, and a good sense of the strengths and weaknesses of a case.
Jodi Newton is a passionate, hard-working and committed partner. She is excellent with clients, and gives absolutely 100% to all of her cases.
Nicholas Leahy - understands client needs very well, very responsive and proactive.
Jodi is very experienced and knowledgeable
It is a pleasure to work with Jodi. She has an excellent understanding of the issues and provides a good service.
Osbornes are always professional and diligent in respect of their clients.
Osbornes has an excellent depth of experience across the team.
Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.
Jodi Newton - very hands on, gives every case her heart and soul
Jodi Newton is rapidly becoming the go-to partner for cerebral palsy cases. She has the determination to fight for her clients and is involved in some of the biggest cases at the moment.
Nicholas Leahy is a very safe pair of hands and really compassionate with clients. I expect great things from him in future.
Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.
Jodi Newton holds over 20 years of experience in birth and surgical injury cases, including those pertaining to cerebral palsy, negligent treatment of sepsis, and negligent A&E treatment.
The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.
The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.
Josie Robinson is fantastic with clients, very commercial and hugely experienced. Opponents respect her and she gets great results.
Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Jodi is really tenacious; she demands the best results and manages to secure them. She's got real drive and energy.
Jodi is passionate about what she does and is a good lawyer.
Jodi is very astute and compassionate.
Jodi Newton is passionate about her work and is a really creative lawyer, always trying to find practical and innovative solutions to problems encountered.
Jodi Newton is knowledgeable and well regarded.
Jodi Newton has specific expertise regarding birth negligence cases, including those which involve cerebral palsy and Erb’s palsy injuries.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment. She also advises on spinal injury claims.
"She is really wonderful in sensitively handling clients in extreme situations and is a real fighter."
"Jodi Newton is approachable and always has the client's best interest at heart."
‘They are ambitious for their clients and expect high standards from all who work with them.’
"Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."
"I’ve been hugely impressed by Jodi Newton – she’s truly passionate about her cases and her clients, a real fighter and a star in the making."
"Jodi Newton has carved out a niche specialism in cerebral palsy and serious claims arising out of childbirth. She is so committed to her clients and their claims that she always gains and deserves their respect. A true specialist."
"Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."
"Ben Posford’s particular expertise in this area focuses upon cauda equina claims, of which he is an undisputed powerhouse."
"Jodi Newton is a tenacious and intelligent fee earner. She fights tooth and nail for her clients and gains their trust and respect from the outset."
"Nicholas Leahy works extremely hard and understands the commercial sensitivities of clinical negligence litigation."
"Her persistence, perspicacity, determination and efficiency are simply outstanding, as are her legal, analytical and negotiating skills."
They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Jodi Newton is brilliant – a very capable, experienced and empathetic solicitor who has experience of handling high value and complicated cases. I am working with her on a cerebral palsy case at the moment, in which she has obtained an admission of liability and a substantial interim payment. A first class addition to the team.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
The team at Osbornes was recently strengthened by the arrival of 'experienced and empathetic' associate Jodi Newton. She joins a department noted for its expertise in delayed diagnosis and wrongful birth claims.
A stand-out solicitor with a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
Excellent service from Osbornes throughout on a difficult clinical negligence claim. Nicholas Leahy who handled the claim was responsive and professional throughout, while also providing pragmatic advice and clear drafting.
Working with Osbornes Law was the best decision I could have made. Nick was really attentive to my issue and did a very thorough job. He truly made the process headache free! Highly recommend them.
Nick Leahy has been my Solicitor throughout this journey and has been absolutely amazing; kind, approachable and extremely supportive... Through some dogged determination by Nick we achieved our goal without having to go to trial. I cannot thank Nick, Stephanie and all of the team at Osbornes highly enough for achieving a very favourable settlement, the outcome of which will make a huge difference to myself and my family.
“The stand-out solicitor is Jodi Newton, who has a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
"An excellent firm which achieves fantastic outcomes for clients."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Offers specialist expertise in cauda equina syndrome cases."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"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."
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.
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