Medical Negligence

Surgical Negligence Claims

The vast majority of surgeries performed each year in the UK are successful and unproblematic. However, the outcome of unsuccessful surgeries can be long-standing and devastating to the patient.

There are risks inherent in most surgical procedures, but negligence of the surgeon or hospital that result in medical complications, infection or injury to the patient entitles the patient to pursue a surgery error compensation claim.

Examples of potential surgical errors are:

  • Performing the wrong type of operation;
  • Wrong-site surgery, such as amputating the wrong limb;
  • Retained surgical instruments;
  • Improper sterilisation of instruments leading to infection;
  • Damage to organs during surgery; and
  • Improperly executed surgeries

Of course, this list is by no means exhaustive, as unfortunately errors can happen with any surgery.

Examples of Surgical Negligence Claims


Examples of cases of surgical negligence that have been brought before the court include:


  • K v Sandwell & Birmingham Hospitals NHS Trust [2010] – The Claimant was a 31-year-old man who received £17,500 after a surgeon made an incision in the wrong wrist and cut into his forearm. The Claimant was left with scarring on his forearm and suffered psychological injuries as a result;
  • AK v St George’s Healthcare NHS Trust [2008] – The Claimant was a 51-year-old woman who had surgery to clear infected mucus in her ear. The treating consultant was on holiday and asked another consultant to perform the operation. He drilled into the Claimant’s facial remedy causing her to suffer facial paralysis. She received £50,000 at trial;
  • B v St Albans & Hemel Hempstead NHS Trust [2003] – The Claimant was a 35-year-old woman who underwent surgery to correct her back problems. However, the surgeon operated on the wrong part of her spine causing her condition to worsen. She received £650,000.00 including damages for pain, suffering, loss of amenity and financial losses.

Can I claim?

Your surgeon has a duty to exercise reasonable care and skill when conducting surgery. If they have failed to exercise this reasonable care and skill it is likely they will be found to be negligent.

If your surgeon has conducted surgery in a negligent manner and you have suffered physical injury, infection and/or other complications you can make a claim against the surgeon and/or hospital.

Claims for surgical errors are often hard to establish but our expert solicitors will fight your corner to obtain the best outcome for your claim.

How much compensation will I receive?


  • The level of compensation you deserve will be determined by the medical expert’s opinion of the extent of your injuries. However, if you wish to enquire as to the likely value of the claim based on your account of your injuries our specialist advisors will be happy to give you an estimate.
  • As well as helping you claim compensation for your injuries we can also help you recover lost earnings (past and future), pension loss and other associate financial losses.
  • We can also arrange any further medical treatment you require on a private basis, if you need it, at no cost to you. We call it our “Road To Recovery Programme”.

No Win No Fee

Clear Law can help you make a no win, no fee compensation claim. This means that we will fight your corner to maximise your compensation claim, but in the event that you don’t win, you won’t have to pay any legal fees.

Contact us

If you have been injured as a result of medical negligence that wasn’t your fault we can help. Call us on: 0161 873 2740. Text ‘clear’ to 60300. Or e-mail us at


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