Skip to content 
Claiming Surgery Negligence Compensation
If you have suffered avoidable harm due a mishandled operation, then our expert solicitors could help you to claim surgery negligence compensation.
£85 million in compensation
Claiming Surgery Negligence Compensation
If you have suffered avoidable harm due a mishandled operation, then our expert solicitors could help you to claim surgery negligence compensation.
Surgery negligence compensation can be claimed by any person who suffers harm due to surgical errors where it can be shown that the procedure fell below the acceptable standards. We expect hospitals to provide the highest possible standards of care throughout our admission but mistakes can leave us with potentially life changing injuries and other harm. To that end, JF Law has put together this helpful guide to claim compensation following negligent treatment.
Our expert medical negligence solicitors have been in legal practice for decades. We’ve won over £100 million in compensation across thousands of claims, operating at the very highest standards of professionalism and discretion. We can support you throughout the claims process, offering a tailored service that is designed around you. A JF Law solicitor can help you understand exactly what is happening with your claim, assist you with gathering the right evidence and determine a compensation figure that truly reflects the harm you have experienced.
A free eligibility check, as well as answers to any questions you may have can be sought from our advisory team using the contact details given here:
Calling us on 0151 375 9916
Contact us online by completing a callback form.
Can I Make A Surgery Negligence Compensation Claim?
You could make a surgery negligence compensation claim if you can show that a medical professional failed to meet the correct standards during your procedure, causing you avoidable harm. Across all healthcare settings, including public and private practice, every medical professional has a duty of care, meaning a legal responsibility, to provide anyone they are administering care to with the correct standards of medical practice.
If these standards are not met, such as through surgical errors, and the patient experiences avoidable harm, then this is deemed medical negligence. To summarise the eligibility requirements:
You were owed a duty of care. Surgeons were required to conduct the procedure to the expected standards of medical practice and take reasonable precautions to safeguard your health during this.
The duty was breached. The surgeon did not exercise the same level of expertise as another physician of comparable standing, and the care provided did not meet the required standards, thereby breaching the duty of care. For example, wrong-site surgery.
This breach caused you avoidable harm. Avoidable harm is a term used in medical law to mean any harm caused that would have been avoided had the correct standard of care been provided to you.
If these 3 steps are satisfied, medical negligence is said to have occurred and surgical error claims could be made.
Can I Make A Surgery Negligence Compensation Claim Against The NHS?
Yes, you could make a surgery negligence compensation claim against the NHS if your care did not meet the correct standards, causing you to suffer avoidable harm. Claims against NHS hospitals are made through NHS Resolution, an arm’s length body of the Department of Health and Social Care, that resolves clinical disputes and administers various clinical and non-clinical negligence schemes.
We should emphasise that once again surgical negligence claims can equally be made against a private healthcare provider as well as the NHS.
Can I Claim For Surgical Negligence On Behalf Of A Loved One?
Yes you can claim for surgical negligence on behalf of a loved one if certain circumstances arise. Children and those lacking sufficient mental capacity cannot claim on their own behalf so a suitable adult will need to step in. If you meet the suitability requirements, you can act as a litigation friend for the harmed individual and manage the claim on their behalf.
To find out more about the eligibility requirements to claim surgical negligence compensation, or check if you could claim on behalf of someone else, speak to advisors today.
What Are Some Examples Of Surgery Medical Negligence?
Examples of surgical medical negligence can include wrong site surgery, retained foreign objects or poor hygiene standards that result in the patient contracting an infection. More detailed scenarios have been set out:
Errors in your patient notes resulted in a hip replacement procedure being started on your right hip instead of the left. This mistake resulted in additional pain and scarring, as well as further degenerative changes in your joints.
A scalpel was left inside your chest cavity following an operation on your lungs.
During a surgical procedure on your arm, a nerve was damaged due to a careless incision. This resulted in a longstanding disability.
These examples have been included as a guide only. You can find out more about claiming in your specific circumstances by talking to one of our advisors today.
Established, Experienced, Dependable, Responsive and Committed
We strive to provide the highest level of service possible. Our sole aim is to get you the best result we can and one you’re satisfied with. Get in touch today to find out how we can help you.
What Are Never Events?
A never event is a term used by the NHS to describe certain medical errors that can never occur unless clinical standards are breached, hence the name. Any harm resulting from such events is therefore avoidable and constitutes medical negligence.
The NHS considers the following errors to be never events:
Wrong site surgery.
Using the wrong implant or prosthesis.
Retention of a foreign object.
Administration of any medication via the wrong route.
A failure to install collapsible curtains or shower rails where a patient attempts or completes a suicide.
Any fall from a poorly restricted window.
Entrapment in bed rails.
Transfusion or transplantation of incompatible organs or blood products.
The misplacement of naso or oro-gastric tubes.
Any scalding of patients.
Connecting a patient to an air flowmeter when they should be connected to oxygen.
To check your eligibility to claim for surgical never event compensation, speak to one of our advisors today.
How Should Surgical Negligence Be Prevented?
Surgical negligence can be prevented through due diligence and making sure the surgeons assigned to an operation are experienced in such procedures. Patients’ notes should be thoroughly checked and abnormalities addressed before any surgery begins.
It should be clear what procedure is being performed, what dosage of anaesthetic you need as well the dosage of other medication that need to be administered both during and after the procedure. During the procedure, surgeons should exercise due care and diligence, responding promptly and calmly to any emergency developments, such as unexpected bleeding, abnormal heart activity, or abnormal breathing patterns.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
How Much Surgery Negligence Compensation Can I Claim?
How much you could claim in surgery negligence compensation really depends on what harm you have sustained, but in serious cases, total compensation could range in the thousands of pounds. any associated financial losses may also be reimbursed in successful surgical error claims, substantially increasing the overall compensation figure. A typical medical negligence payout is comprised of 2 different heads of claim, these are:
The physical as well as related psychological harm is compensated under general damages.
Special damages payments are for financial harm, but we’ll examine these in the next section.
Solicitors can refer to any provided medical documents in conjunction with the Judicial College Guidelines (JCG). The JCG sets out guideline payout brackets for different types of harm, ranging from minor damage to much more serious and permanent conditions. Apart from the first entry, we’ve used a selection of JCG brackets to create the table below.
Compensation Table
Please note that the information given here is intended to serve as guidance only.
| Type of Harm Caused | Guideline Compensation Value | Notes |
|---|---|---|
| Very Serious Avoidable Harm with Special Damages | Up to £1,000,000 + | Where a patient has suffered very serious avoidable harm that results in major financial losses including a loss of pay, medical expenses and the cost of care. |
| Head Injuries and Brain Damage – Very Severe (a) | £344,150 to £493,000 | Little, if any, response, to the environment or language function requiring around the clock nursing. |
| Head Injuries and Brain Damage – Moderate (c)(i) | £183,190 to £267,340 | A moderate to severe intellectual deficit, sensory impact, personality change and a significant risk of epilepsy. |
| Epilepsy – Established Grand Mal (a) | £124,470 to £183,190 | Epilepsy payouts depend on the success of medication in controlling attacks, associated behavioural issues and the impacts on work and social life. |
| Other Arm Injuries – Severe Injuries (a) | £117,360 to £159,770 | An injury that leaves the person little better off than if the arm had been lost. |
| Other Arm Injuries – Permanent and Substantial Disablement (b) | £47,810 to £73,050 | Significant permanent residual disabilities including both functional and cosmetic. |
| Pelvis & Hips – Severe (a)(iii) | £47,810 to £64,070 | Acetabulum fractures leading to degenerative changes and instability in the legs. |
| Pelvis & Hips – Moderate (b)(i) | £32,450 to £47,810 | Significant injury with no major permanent disability or great future risk. |
| Scarring to the Body – Multiple Lacerations or 1 Disfiguring Scar | £9,560 to £27,740 | Where there is a single visible and disfiguring scar, or multiple noticeable lacerations. |
| Scarring to the Body – No Significant Internal Injury | In the region of £10,550 | An exploratory laparotomy has been conducted but no substantial internal injuries were found. |
Can Surgery Negligence Compensation Payout For Special Damages?
Yes, surgery negligence compensation can be paid out for special damages. We explained above that special damages cover any financial losses that stem from the avoidable harm sustained. It is worth pointing out that you can be compensated for both past and future losses, meaning payouts for special damages are often substantially higher than related general damages.
Examples can include:
Any loss of earnings due to absence from work.
A loss of future earnings if you are unable to return to your job, or need to work reduced hours or in a reduced capacity.
Medical expenses including any private healthcare, your prescriptions and rehabilitation such as physio or occupational therapy.
Care and support within your home. This is particularly relevant in cases where your mobility has been reduced. You could get help with food preparation, washing yourself, cleaning your home and general maintenance duties if you cannot do these things safely on your own.
Accessibility installations such as handrails, door ramps, a stairlift or walk-in shower may also be required.
Transport expenses such as to and from any medical appointments, or to and from work once you return.
You’ll need to provide some supporting evidence alongside costs you seek compensation for. So, make sure you retain copies of relevant documents, including payslips, purchase receipts, and bills for any care and home installations as proof.
To get your free eligibility check, or to ask any questions that may arise regarding making a surgery negligence claim, contact our advisors today using the details provided below.
The Surgical Medical Negligence Claim Process
The surgical medical negligence claim process can seem a little daunting, so we’ve broken down the important aspects into easy to understand steps for you in the sections below. Remember, any questions regarding making a surgery negligence compensation claim can be put to our advisory team at any time.
Seek Medical Attention
Seeking appropriate medical attention is not only beneficial to your health and well-being, but any medical records from the original surgical errors as well as those from corrective procedures are very useful in proving what happened.
Gather Evidence
Supporting evidence can be gathered once you have received the necessary treatment. Some examples ofthe evidence needed in a medical negligence claim have been given here:
Medical evidence including copies of any scans or tests that were performed, your post-surgical reports and any notes from your consultations.
Anyone who witnessed the standard of care you received, including family, friends or members of your medical team could potentially be called upon to give a statement. Pass the relevant contact information to the solicitor so they can get in touch with these persons during the claim.
Proof of any financial losses you have incurred.
- If applied, any findings from the Bolam test.
The Bolam test, while not applied in every clinical negligence case, can be very helpful. It involves a panel of relevantly trained medical professionals, in this instance, surgeons, assessing the level of care you received to determine if standards were upheld.
Record How you Have Been Affected By The Avoidable Harm
A simple diary is a very good way of highlighting how undergoing the wrong operation or experiencing surgical mistakes has affected you. Record the effects on both your health and finances that have resulted from the avoidable harm caused.
Seek Legal Advice
Free legal advice is available from JF Law. Simply call the number below to learn more about the claims process and receive a free eligibility check.
If eligible, you’ll be connected with a dedicated medical negligence solicitor. Consulting a legal professional will be very useful to you, giving you greater insight into the overall claims process, including what compensation you could expect in your particular circumstances
Pay Attention To The Time Limits
Most medical negligence cases are subject to a 3-year time limit, but there can be exceptions to this. As we mentioned above, children and persons without sufficient mental capacity cannot claim for themselves so the time limits are extended. You can read our guide to learn more about the time limits, or contact our advisors using the details given below.
Surgery Negligence Claims With JF Law’s Expert Solicitors
By choosing to make surgery negligence claims with JF Law’s expert solicitors, you are choosing to work with legal professionals who will give your claim the best chance of success. We have won millions in compensation for our clients and your claim could be next. Below we set out exactly why JF Law should be your first port of call when it comes to seeking compensation for medical negligence.
Why Make Surgery Negligence Compensation Claims With JF Law?
We have set out just some of the things one of our expert medical negligence lawyers could help you with during the claims process here:
Helping you to gather supporting evidence.
Keeping you informed of all developments in your case.
Explaining all the technical terms and legal jargon. We have a handy legal glossary on our website to help in this regard.
Negotiating a final compensation figure.
Communicating with the defendant’s representatives.
Bringing your claim within the relevant time limit.
Ensuring compliance with any court instructions or deadlines.
While you are under no obligation to use a solicitor for your claim, there are many advantages in having someone with the right skills and knowledge undertake these tasks on your behalf.
Claim For Surgery Medical Negligence With A No Win No Fee Solicitor
Our solicitors work to clear No Win No Fee terms, offering eligible claimants a type of contract called a Conditional Fee Agreement (CFA). If you hire a solicitor under a CFA, you will be protected from having to pay any service fees both at the start of, and during the claim. There will also be no such fee if the claim is lost.
Now, if you do succeed in receiving a compensation payout, the solicitor will take a success fee from this. The percentage a solicitor can charge for this fee is capped at 25% so you know you’ll be keeping most of any compensation that is paid out.
Get In Touch JF Law
A free eligibility check, as well as answers to any questions you may have can be sought from our advisory team using the contact details given here:
Calling us on 0151 375 9916
Contact us online by completing a callback form.
Learn More
You can start a surgery negligence claim at any point within three years of either:
- The date your surgery occurred
- The date you realised that the harm you suffered was connected to the surgery
This is outlined by the Limitation Act 1980. This legislation dictates how long you have to start different kinds of compensation claims, including medical negligence claims. It’s important to note that you don’t need to resolve your claim in this timeframe, you just need to start it.
Read on to find out when you might be exempt from this three-year rule, or contact us today to find out if you are within the time limit to start a medical negligence compensation claim.
Am I Able To Claim On Behalf Of Somebody Else?
You can read some more guides to medical negligence claims from JF Law here:
Read our guide to cosmetic surgery negligence claims here.
Find out more about making a missed fracture claim with this guide.
Use our guidance on maternity negligence to learn more about seeking compensation after a mishandled birth.
We’ve included these external resources to give you additional information:
Learn more about the work of the Royal College of Surgeons on their website.
Check how to complain about a service or provider from the Care Quality Commission with this guidance.
Read up on the claims management arm of NHS Resolution here.
Thank you for taking the time to read our guide to claiming surgery negligence compensation. Further guidance, as well as a free eligibility check can be sought from our advisory team. Talk to the team today using the contact information given above.
Our Latest Customer Reviews
AS SEEN ON
Contact Us
Our helpline is open 24 hours a day, 7 days per week.
All calls are free and there’s no pressure whatsoever to proceed with a compensation claim.
If you write to us, we aim to respond within an hour or two, and no more than a few hours.
Request a Callback