Surgical Error Claims & Surgical Compensation Claims

We’re fortunate in the UK to have one of the most advanced healthcare systems in Europe, with surgeons qualified to such an exceptional standard, there are very rarely heard of complications arising from routine surgical procedures. But, it’s important to remember that nearly all surgeries are invasive procedures, a considerable proportion of which carry some degree of risk for the patient being treated. Surgical error claims are most often made for cases of negligence. These are cases where, by act or omission, the surgeon responsible for the welfare of their patient has caused injury as a result of their own error. If a medical negligence solicitor can prove beyond reasonable doubt this error would not have been made by a competent surgeon in the same field, the patient will have a strong case for medical negligence compensation.

Surgical Error Claims

Have you suffered due to complications following a surgical procedure? If you have endured injury,¬† as a result of a surgeon’s error, or suffered due to complications you weren’t informed of prior to surgery, there is a strong likelihood we could help you to file a surgical error claim for maximum compensation against the person or hospital responsible.



Surgical error does not merely encompass mistakes made during an operation. It may also refer to post-surgical errors involving medication or substandard after-care. Surgical error claims can be made for injuries caused by:

  • The wrong type of surgical procedure being carried out.
  • Surgical paraphernalia/ instruments being left inside the body.
  • Incorrect dosage of anaesthetic, leading to consciousness or complications.
  • Unnecessary damage to nerves, tissue or muscle during surgery.
  • Perforation of organs during an operation.
  • Failure to effectively stitch/ seal/ dress an open wound.
  • Infections associated with contaminated surgical implements.
  • Surgery being carried out on the wrong organ/ side of the body.
  • Failure to warn / be aware of the associated risks of a surgical procedure.

Surgeons are legally bound by a duty of care and responsibility to patients, which extends to informing them of the possible risks and complications associated with a surgical procedure. They must also ensure you receive appropriate after care to minimise the likelihood of infection, and improve the likelihood of a full recovery.

If you have suffered due to the negligence of a surgeon and aren’t sure whether you can claim, contact us in the first instance via the online form to arrange a free consultation. We can also provide no-obligation guidance on the best course of action based on your circumstances.

Why Do Mistakes During Surgery Occur?

According to data compiled by the Royal College of Surgeons, there are in excess of 4.1 million surgeries performed on the NHS each year in the UK. This, coupled with the estimated ratio of 1.1 surgical consultants per 10,000 of the population sheds some light on the obvious pressures faced by these skilled professionals.

The most common surgical error claims are made for cases involving simple human error, or failure to warn of all risks associated with a procedure prior to obtaining consent. By law, all medical professionals must warn of the potential side-effects or risks of a treatment, however minor they are perceived to be. He/ she must also have intimate knowledge of the patient’s condition and medical background, to minimise the possibility of carrying out the wrong treatment, or an adverse reaction to anaesthetic occurring. Some of the most common errors happen because a surgeon has misread patient notes, or failed to consider pre-existant¬† conditions that might increase the risk of injury and complications.

Injuries Associated With Surgical Errors

The resultant injuries caused by surgical errors are wide ranging. Both the severity of injuries and long-term prognosis for full recovery will depend upon the invasiveness of the procedure carried out, and the damage that has been caused. Surgical techniques such as laparascopy and MAS (Minimally Invasive Surgery) are perceived to carry fewer risks than open surgery owing to their non-invasive nature, however, there is equal risk of damage to internal organs, vital blood vessels and nerves, as well as blood clotting. The most common conditions arising from surgical error are attributed to complications with anaesthesia, haemorrhages due to vein/ organ perforations and excessive cosmetic scarring.

Surgical Claims

Experts in Pursuing Surgical Error Claims

Given the number of operations carried out on an annual basis in the UK, the percentage of surgical error claims when compared to other types of medical negligence is surprisingly low. But while such instances of medical negligence are rare, it doesn’t mean they don’t happen, and when they do, the resultant outcome can be devastating for both the patient and family concerned. Our medical negligence solicitors have witnessed first hand the devastation caused by medical negligence to families, and are committed to providing the support you need, without worrying about legal costs and red tape.

Our medical negligence solicitors offer their services on a no win no fee, you’ll owe us nothing for our time if your claim is not successful.

Confused about whether you meet the criteria for a surgical error claim? Give one of our friendly medical negligence specialists a call on the free helpline number provided. We’ll be happy to assess your case free of charge, and give you a decision in minutes based on our simple criteria. Surgical error claims are exceptionally complex, and require the expertise of knowledgeable medical negligence solicitors who have a strong track record with similar cases.