Surgical Error Claims

By Stephen Hudson. Last Updated 15th September 2025. Every operation carries some risk, but you should never have to suffer because of avoidable mistakes. If you have experienced harm due to an operation gone wrong, you may be entitled to pursue a surgical negligence compensation claim.

At Legal Expert, we specialise in helping people secure compensation for surgical errors. Our team can guide you through the entire process, from gathering evidence to negotiating a fair settlement. With our support, making a surgical error compensation claim does not have to feel overwhelming.

If you believe you have been affected by surgical mistakes, contact us today. Our experienced solicitors can assess your eligibility for free and work with you on a No Win No Fee basis to help you claim the compensation you deserve.

To learn more about the claims process, please keep scrolling.

What Are Surgical Errors, And When Could I Claim?

Surgical errors occur when a surgeon or medical professional makes a mistake during surgery. While these errors can have serious consequences, not all will make you eligible to claim compensation.

In order to form the basis of a valid surgical error claim, you need to be able to establish negligence. For the purposes of a medical negligence claim, this means that:

• A medical professional owed you a duty of care.
• They breached this duty.
• As a result of this breach, you ended up suffering unnecessary or avoidable harm.

Each medical professional owes their patients a duty of care, including surgeons. To fulfil this duty of care, surgeons and other medical professionals have to make sure that the care they provide does not fall below a minimum standard. The General Medical Council (GMC) outline the steps that all medical professionals are expected to take in order to deliver an appropriate standard of care.

If you can prove that your surgical error was caused by medical negligence, you may be able to make a compensation claim. Contact our team of advisors today to learn more, or read on to get more information.

If you’d like to learn more about surgical error compensation claims, why not check out our video:

How Much Compensation Could I Receive Following A Surgical Mistake?

You could receive £344,150 to £493,000 for a very severe brain injury, according to the Judicial College Guidelines (JCG), which we will discuss in detail.

Surgical error compensation can contain up to two different heads of claim. The first, general damages, covers the physical and mental pain and suffering caused by the harm you’ve endured.

For example, if you suffered damage to your digestive system in an operation gone wrong, general damages would cover the pain and suffering this has caused.

Compensation for surgical errors also covers loss of amenity, which means loss of enjoyment. For example, if an error during brain surgery caused you to lose your sight and you could no longer paint as a hobby, you could potentially get compensation for this.

When this head of compensation is valued, the JCG can be used as a reference. The JCG contains a list of guideline compensation brackets that correspond with different mental and physical injuries.

Below, you can find some examples of these guidelines. Please be aware that the first entry has not been taken from the JCG.

Can I Claim For Financial Losses Caused By The Mistake?

You can also be compensated for the financial losses you experience because of the operation gone wrong. This kind of compensation is called special damages, and can help cover the cost of:

• Prosthetics.
• Mobility aids.
• Prescriptions.
• Childcare.
• Travel.
• Lost earnings.
• Further medical treatment.

When making a claim for special damages, you will need to present evidence of these losses with documents such as invoices, bank statements and payslips.

To find out if you could make a surgical negligence claim, contact our team of advisors today.

Examples Of Surgical Error Claims

In this section, we look at examples of surgeries that could result in surgical negligence claims.

As you can see in our list below, some of these errors are considered to be ‘never events’. These are serious incidents that are preventable due to guidance and safety recommendations. Never events are not necessary for surgical error claims. If you suffered unnecessarily due to surgical negligence, even if it was not a never event, you might be able to claim.

Examples of surgical errors include:

• Unnecessary surgery could occur if you don’t need the surgery. For example, if a scan is misinterpreted to show a growth when there wasn’t one.
• Minor surgery, such as that carried out as an outpatient, could result in infections without proper aftercare instructions.
• Carpal tunnel surgery could be carried out on the wrong hand. This is known as wrong-site surgery and is considered to be a never-event.
• Eye surgery could cause a severe loss of vision. You should be warned of any potential side effects of the surgery.
• When having knee surgery, an instrument or other foreign object could be left inside the incision once it is closed. Like wrong-site surgery, this is also considered to be a never-event.

Call our advisors to discuss surgical compensation claims. They can give you free advice about the surgical error you suffered and assess the validity of your claim. If it seems eligible you could be passed onto one of our No Win No Fee solicitors.

How To Prove Surgical Negligence

If you suffered unnecessary harm due to a surgical error, you may wonder what evidence you could submit to help you prove a claim. In this section, we look at examples of evidence that could be useful in surgery compensation claims.

Your evidence must be able to prove that a medical professional owed a duty of care to you and that their failure to adhere to it resulted in you suffering unnecessarily. Medical professionals owe their patients a minimum standard of care to prevent them from coming to unnecessary harm.

For example, wrong site surgery would be a breach in the medical professional’s duty of care. Wrong site surgery is an invasive procedure on either the wrong patient entirely or the right patient but the wrong body part.

Examples of evidence that could be useful in surgical error claims include:

• Symptom diary. For example, you could document the lifestyle impact suffering a surgical error has had on your life.
• Communications from the hospital in relation to the incident, such as letters or emails.
• Any scans or X-rays. These could be from both before or after the incident.
• Known allergies on your medical records. For example, you may have suffered an allergic reaction to the anaesthesia despite a written record of having a known allergy to a particular anaesthetic.

For more information about what evidence could help prove operations gone wrong, call our advisors.

How Long Do I Have To Claim For An Operation Gone Wrong?

The standard time limit for starting a surgical error compensation claim is three years, set out in the Limitation Act 1980. This period usually begins either on the date of the negligence or from the date you first knew, or should have known, that negligence caused your injury. This is called the date of knowledge.

For children, the three-year limit does not begin until their 18th birthday. A parent, guardian or litigation friend can pursue a claim on their behalf at any point before then.

If the injured person lacks mental capacity, the time limit is paused indefinitely. A litigation friend can bring a claim at any time. If capacity is later regained, the three-year limit will start from that date.

For tailored advice on surgical error claims and your eligibility, contact our team of advisors for free today.

Get Help From Our No Win No Fee Solicitors

If you’re eligible to claim surgical error compensation, one of our specialist solicitors could help you. Our team has years of combined experience handling surgical error claims, and can offer the following services under No Win No Fee terms to help you:

• Collect your evidence.
• Ensure that your settlement is accurate and fair.
• Send correspondence on your behalf.
• Explain legal jargon.
• Send regular case updates.
• Ensure the limitation period is adhered to.

The specific No Win No Fee terms that our solicitors offer is called a Conditional Fee Agreement (CFA). By signing a CFA with one of our solicitors, you won’t pay anything for their services:

• Upfront.
• Throughout the whole case.
• If you’re unsuccessful with your claim.

If you’re successful with your claim, a small percentage of the compensation awarded to you goes to the solicitor as their success fee.

Because the law enforces a cap on this success fee, the clear majority of compensation for surgical errors always goes to the claimant.

You can learn whether you’re eligible to make a surgery claim for medical negligence now by contacting us. By getting free guidance from our advisors, you can see if one of our expert No Win No Fee solicitors can take on your case. For this consultation or even general advice about claiming compensation for surgical errors, either:

 

Frequently Asked Questions (FAQ) On Surgical Error Compensation Claims

Below, you can find answers to some common questions on surgical error compensation claims:

Can I Claim Surgical Error Compensation for Cosmetic or Elective Surgery That Went Wrong?

Yes. You can pursue a surgical error claim for cosmetic or elective procedures, such as breast augmentation, tummy tucks, or liposuction, if negligent mistakes caused you harm. The same rules apply as with medical surgery: you must show that the care you received fell below a reasonable standard and led to avoidable injury. This includes both private procedures in the UK and treatment abroad, though overseas claims may involve different rules and insurers.

Are Infections or Complications After Surgery Compensable?

Not every infection after surgery is negligent, but you may be able to claim if the infection or complication was caused by poor hygiene, incorrect use of instruments, or a failure to provide appropriate post-operative care. Compensation for surgical errors can also include additional treatment costs and the pain caused by complications that should have been prevented with reasonable care.

How Does Psychological Injury Feature in Surgical Error or Medical Negligence Claims?

Surgical mistakes can cause psychological as well as physical harm. Conditions such as depression, anxiety, or post-traumatic stress disorder may be included in surgical negligence compensation claims if medical evidence shows they were linked to the error. These injuries are valued alongside physical injuries to reflect the full impact on your life.

What Is the “Date of Knowledge” in a Surgical Error Claim and How Does It Affect Time Limits?

The date of knowledge is when you first realised, or reasonably should have realised, that you were harmed because of a surgical mistake. In some cases, the effects of an error are not clear straight away. The three-year time limit to bring a surgical error compensation claim may start from this date instead of the date of the surgery.

How Long Do Surgical Error Compensation Claims Usually Take, and What Are the Different Stages?

The length of a claim varies. Straightforward surgical error claims may settle in under a year if liability is admitted quickly. More complex cases, especially those involving serious injuries, can take longer. The main stages include gathering medical evidence, obtaining expert reports, negotiating with the defendant, and, if necessary, going to court.

Can I Request Interim Payments While My Surgical Negligence Claim Is Ongoing?

Yes. If the hospital or insurer accepts liability, you may be able to secure interim payments. These are early instalments of your compensation to cover urgent needs such as rehabilitation, medical costs, or lost income. They are deducted from your final settlement once the claim concludes.

What If I Was Partly at Fault for My Surgical Injury? Does Contributory Negligence Apply?

In some cases, contributory negligence may apply. For example, if you ignored post-operative instructions and this worsened your injury, your compensation might be reduced to reflect your share of responsibility. However, you may still receive compensation for the part of the harm caused directly by the surgical mistake.

Can I Claim if the Hospital or Practitioner Has Closed Down or Gone Out of Business?

Yes. Even if a clinic has shut down or a surgeon has retired, claims can often still be made against their insurer. In the UK, medical professionals and organisations are usually required to have indemnity insurance to cover negligence claims, ensuring patients can still seek surgical negligence compensation.

How Do Expert Reports and Medical Standards Help Prove Surgical Negligence?

Independent medical experts play a key role in surgical error claims. They review your case and assess whether the care you received met accepted medical standards. If they conclude that the surgeon’s actions fell below a reasonable standard and caused avoidable harm, their report helps prove negligence and supports your claim.

What Happens if the Surgeon Did Not Get Proper Consent Before the Operation?

If you were not fully informed about the risks of surgery or alternative treatments before your procedure, this may count as a breach of duty. Claims for lack of consent can be brought if you can show that you would not have gone ahead with the operation had you been properly informed. This forms part of a surgical negligence compensation claim and may entitle you to damages.

How Long Do Surgical Error Claims Take To Settle?

The timeframe for a surgical error claim varies. It depends on the complexity of the case, the strength of the evidence, the severity of the injury, and whether the healthcare provider accepts liability.

Some claims settle in months, while others can take longer, especially if they go to court. Our medical negligence solicitor can give you a clearer idea based on your circumstances and negotiate to ensure any settlement offer is fair.

What Are Some Of The Ways Surgical Errors Can Be Prevented?

Surgical mistakes can often be avoided with strong safety measures, such as:

• Using safety checklists to confirm every critical step
• Taking a “time-out” before surgery to verify details
• Confirming patient identity with multiple checks
• Clearly marking the correct surgical site
• Encouraging open communication within the surgical team
• Involving patients by explaining the process and encouraging questions

These steps help reduce mistakes and protect patient safety.

Helpful Links On Surgical Negligence Claims

Below, you can find more useful resources on surgical negligence claims.

• Feedback and complaints about the NHS in England – This link provides you with information on how to file a NHS complaint. We can also help you to file a complaint when making a No Win No Fee claim contact us for free legal advice.
• Billericay Medical Negligence Solicitors

Thank you for reading our guide about surgical error claims.