Surgical errors: Seeking compensation for mistakes during operations

Surgical errors are among the most serious types of medical negligence claims, with life-changing consequences for patients and their families. If you or a loved one have suffered due to a mistake during surgery, you may be entitled to compensation. Our Medical Negligence Solicitors understand the distress such incidents cause and are here to help you understand your legal rights.

In England and Wales, patients have the right to receive a standard of care that meets accepted medical practices. When that standard falls short – especially in surgery – the repercussions can be devastating. This article explores the legal framework surrounding surgical errors, how to claim compensation, and what to expect during the process.

What are surgical errors?

Surgical errors are preventable mistakes made during surgery. These errors go beyond known risks and complications, and usually result from negligence, poor planning, or lack of communication among surgical staff.

• Wrong-site surgery (e.g., operating on the wrong body part).
• Retained surgical items (e.g., instruments or dressings left inside the body).
• Nerve damage due to incorrect incisions.
• Incorrect anaesthesia dosage or administration.
• Postoperative infections due to poor hygiene.

These errors often lead to extended hospital stays, additional surgeries, permanent disability, or even death.

How do surgical errors happen?

Common causes of surgical errors include:

1. Lack of communication between surgical team members.
2. Inadequate preoperative planning.
3. Fatigue or impaired judgment due to overwork.
4. Failure to follow surgical protocols.
5. Technical incompetence or inexperience.

According to the NHS, “Never Events”—serious incidents that should never happen—still occur despite safety protocols, highlighting systemic failings that require attention.

Proving medical negligence in surgical error cases

To succeed in a compensation claim for surgical errors, you must prove three legal elements:

1. Duty of care: The medical professional owed you a duty of care.
2. Breach of duty: That duty was breached through a surgical error.
3. Causation: The breach directly caused your injury or worsened your condition.

Expert medical opinions are often required to establish these points and demonstrate that the error was not a recognised surgical risk but a preventable mistake.

Time limits for making a claim

Under English law, you have three years from the date of the incident – or from when you first became aware of the injury being caused by negligence – to make a claim. Exceptions apply for:

• Children: The three-year limit starts from their 18th birthday.
• Mental incapacity: No time limit applies until the person regains capacity.

How much compensation can you expect?

Compensation for surgical errors varies depending on the severity and long-term impact. You can claim for:

• General damages (pain, suffering, loss of amenity).
• Special damages (lost earnings, future care, medical expenses).

In one high-profile case, a patient was awarded over £200,000 after an instrument was left inside her body, causing chronic pain and requiring multiple corrective procedures.

Steps to take if you suspect a surgical error

1. Request your full medical records from the hospital.
2. Seek a second opinion to assess the nature of the injury.
3. Contact a specialist Medical Negligence Solicitor.
4. Keep a detailed diary of symptoms, appointments, and impact on your daily life.

Real-world case study

Here are some surgical negligence case examples our Medical Negligence Solicitors have successfully undertaken.

• Settlement of £377,500 for surgery injury client.
• Compensation won in foot surgery claim.
• Compensation secured in surgery injury claim.

Expert insights

Our legal team notes that:

• Retained items and wrong-site surgeries are among the easiest errors to prove in court.
• Claims involving lack of informed consent are increasing, particularly where patients were not told about key risks.
• Strong medical reports and witness statements greatly enhance your chances of success.

Surgery injury claim experts

Our specialist Medical Negligence team have a wide range of experience in handling surgical negligence claims and can help you gain the compensation you deserve.

We want to work with you to achieve the best possible outcome for your claim.

We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation.

We are also able to discuss how you can cover the cost of a claim, including through a ‘No Win, No Fee’ agreement.

For more information please contact our experts

Benefits and challenges

Benefits of pursuing a surgical error claim:

• Compensation for financial losses and suffering.
• Accountability for healthcare providers.
• Improved patient safety through NHS learning and reform.

Challenges involved:

• Complex medical evidence required.
• Long investigation and litigation process.
• Emotional toll on patients and families.

For further information, visit the NHS complaints process page.

FAQs:

What are surgical errors?
Surgical errors are preventable mistakes made during operations, such as wrong-site surgery, retained instruments, or nerve damage due to negligence.

How long do I have to claim for surgical errors?
You have three years from the date of injury or the date of knowledge of negligence. Exceptions apply for children and those lacking mental capacity.

How much compensation can I get for a surgical error?
Amounts vary, but claims can include compensation for pain and suffering and compensation for past and future losses and expenses such as loss of earnings, the costs of care and assistance and medical treatment. Depending on the severity of injury damages payable could range from a few thousand pounds for relatively minor injuries to well into six figures and beyond for permanent or long-term injuries.  We will investigate the value of your claim thoroughly and advise you of what damages you should be entitled to.

Can I sue the NHS for surgical errors?
Yes, you can bring a claim against NHS Trusts if negligence can be proven.

What evidence do I need to prove a surgical error?
You’ll need medical records, expert opinions, and proof that the error caused harm beyond acceptable medical risk.

What is the process of making a surgical error claim?

1. Obtain your medical records

2. Get legal advice

3. Gather supporting evidence

4. Submit a formal claim

5. Attend medical assessments and negotiations

Are there alternatives to litigation?
Yes, some claims settle out of court via negotiation or NHS Resolution schemes.

This article was produced on the 8th July 2025 for information purposes only and should not be construed or relied upon as specific legal advice.