Surgical Negligence Solicitors

Not all poor surgical outcomes are negligent. Surgery carries inherent risks and recognised complications can occur despite reasonable care. Negligence occurs when surgeons fall below the standard reasonably expected of competent surgeons in that specialty.

Examples include operating on the wrong site, damaging structures that shouldn’t have been touched, using outdated techniques, lacking necessary skills, or failing to respond appropriately to complications. We review your medical records and obtain expert surgical opinion establishing whether care fell below acceptable standards.

Wrong site surgery involves operating on the wrong body part, wrong side, wrong level of spine, or even wrong patient. These “never events” should be prevented by safety checklists including World Health Organisation (WHO) surgical safety checklist requiring verification of patient identity, procedure, and site before surgery starts.

Wrong site surgery is almost always negligent as it results from system failures or inadequate safety checks. Claims succeed readily once wrong site surgery is established. Compensation depends on harm caused by the incorrect operation and any delay in receiving correct surgery.

Nerve damage claims depend on whether damage was avoidable. Some procedures carry unavoidable nerve damage risks disclosed in consent discussions. Negligent nerve damage occurs when surgeons used poor technique, operated too aggressively, failed to identify anatomy correctly, or lacked necessary skill.

Expert evidence establishes whether nerve damage resulted from unacceptable surgical technique or was a recognised risk. A claim may be possible where the damage should have been avoided using proper technique. Compensation covers pain, numbness, loss of function, and impact on daily activities and work.

Retained surgical instruments, swabs, or other foreign objects left inside patients after surgery are almost always negligent. Surgical teams should count instruments and swabs before and after operations to ensure nothing is left behind. Retained objects can cause infection, pain, and further surgery.

Liability is often less disputed in these claims, with the main issues focusing on the level of harm and compensation. Defendants sometimes argue patients suffered no harm from brief retention periods before removal, but most cases involve significant suffering requiring further operations under anaesthetic to remove retained items.

Surgical negligence claims must usually be brought within three years of the negligent surgery or three years from when you realised the surgery was negligently performed. If you discover complications or problems years later, time may run from your date of knowledge.

For children, claims can be brought until their 21st birthday. If surgical negligence causes death, families have three years from death to claim. We recommend seeking advice as soon as you suspect negligent surgery rather than waiting until limitation approaches.

Compensation covers pain and suffering from negligent surgery, costs of corrective surgery, ongoing care needs, loss of earnings, and reduced quality of life. For permanent injuries like nerve damage or organ damage, compensation reflects lifelong impact on daily activities, work capacity, and enjoyment of life.

Compensation depends on the severity of your injury, the treatment you need, and the impact on your life. Every case is assessed individually. Each case depends on injury severity, impact on life, and long-term consequences of the surgical negligence.

You don’t need corrective surgery to prove claims, but evidence about what corrective surgery is needed or has been performed helps quantify compensation. If retained instruments or objects are still present, they may need removing both for your health and to provide physical evidence.

Expert surgical evidence establishes negligence through review of operation notes, post-operative records, and scans. Physical evidence of retained objects or damage visible on scans supports claims but isn’t always necessary if documentation clearly shows negligent surgery occurred.