Surgical errors, negligence & malpractice compensation claims

Surgical negligence (also referred to as malpractice) occurs when surgeons or other members of a surgical team make a mistake while you're in their care. An error like this can cause you physical and psychological harm. It's ultimately a form of medical negligence.

For example, the issue a surgery was supposed to fix might not have been corrected due to a surgical error or further complications might have been caused because of it. Alternatively, the wrong operation or procedure may have been recommended and carried out.

Surgical negligence can cover a wide range of errors, including:

• Damage to organs such as the bowel, heart or lungs
• Nerve damage or other internal injuries
• Avoidable infections (including serious ones such as MRSA and Group B strep)
• Anaesthetic complications
• Surgical items or other foreign bodies being left inside the body
• Excessive or unexpected scarring
• 'Wrong Site' and 'Never Events', where surgery is performed on the wrong part of the body (for example, amputating the incorrect limb) or on the wrong patient

Yes, it can. Mistakes can and sometimes do happen after surgery. These are likely to have an impact on your health because you may be more vulnerable to infections and other complications.

Post-surgical errors can include:

• Early signs of infection not being noticed
• Organ problems going unnoticed or untreated
• An obstruction in your bowel, veins or intestines going unnoticed
• Being prescribed the wrong medication and suffering side effects

These are just a few of the more common surgical error claims we hear about. If you've experienced something that isn't listed above, there's no need to worry. We may still be able to help.

Call our friendly helpline advisors on to find out whether you or a loved one could be entitled to surgical errors compensation.

All medical professionals, including private and NHS surgeons, have a duty of care towards their patients. If that duty of care was breached and you've experienced pain and suffering as a result, we could help you make it right with a surgical error compensation claim.

You may be able to claim if:

• You or someone you love was injured or made ill following surgery in the last three years
• You can prove that your healthcare provider was negligent or made a preventable error
• The injury or illness can be linked directly to surgical malpractice

If you have any doubt about whether or not you could claim for surgeon negligence, our empathetic helpline advisors are here to help. They'll listen to what happened at your pace and in your way. Once they've heard your story, they can advise you on the next steps and whether it's worth matching you with a specialist legal team to start your claim.

We take most cases on a no win no fee basis. This means that, if your claim is successful, you'll pay any costs and expenses not paid for by the other side from your surgical errors compensation payout. If it's not successful, you won't pay anything.

At the start of the claims process, your legal team will arrange after-the-event (ATE) insurance for you. This reduces the financial risk of claiming for you by covering any legal fees and expenses if you don't win your case, providing you stick to the terms and conditions of your agreement. You won't have to pay anything upfront and there are no hidden charges - that's always our priority.

In rare circumstances, it might not be possible to pursue a claim on a no win no fee basis. If so, the surgery claim solicitor we set you up with will tell you straight away and explain what your options are.

Use our claims checker to see if you're eligible for a no win no fee surgical negligence claim. It only takes a few minutes.

Yes, you can. If you need to make a surgical malpractice claim on behalf of someone else, we're here to support and guide you through the process. You can act as a 'litigation friend' for someone if they're unable to claim for themselves. This could be because you're:

• Claiming for a child: Under 18s legally can't claim for themselves but you can, as their parent or guardian. If you haven't claimed by their 18th birthday or the case hasn't been resolved, they can pursue a claim until they're 21.
• Claiming for someone who lacks 'mental capacity': These issues are assessed on a case-by-case basis and is classed as more than just requiring assistance. Someone who lacks 'mental capacity' is unable to make decisions for themself. This could be because of a pre-existing condition or an injury or illness caused by the surgical error. Learn more about time limits in the section below. There is no time limit for claims made by someone lacking capacity, however, should the claimant regain capacity at any time after the accident, however briefly, the usual 3 years will start from that date.

What is a Litigation Friend? 

As a litigation friend, your role is to guide and support your loved one through the claim process stages and act on their behalf. In some cases, the person you're assisting will need to be present for key steps in the claim process, such as medical assessments. They must participate in the claim wherever possible, and your responsibility is to ensure their input is included, their voice is heard, and instructions are made accordingly. 

While it can seem daunting to claim compensation for surgical errors on behalf of someone else, your legal team will be with you every step of the way, helping you understand your role and making sure the claim progresses smoothly. We'll provide clear guidance on how to manage the process and ensure that both you and the person you're assisting feel supported throughout. 

Yes. If you can prove an NHS surgeon or surgical team breached their duty of care, you may be entitled to make a surgery negligence claim. The NHS admits that things can and do go wrong and it has the systems in place to compensate patients who deserve it.

You'll likely need to prove two key things: breach of duty and causation. Breach of duty means the standards expected of the healthcare professional weren't met. This could mean failing to recommend the right surgery or making a mistake during one. Causation means you must be able to show that your injury or illness was directly linked to the breach of duty.

To help build your surgery claim, your legal team may need to gather various pieces of evidence. This can include:

• Your medical records
• A detailed statement from you about your experiences
• Witness statements from relevant people
• A specialist medical opinion from an impartial expert
• Evidence of financial losses and costs you've faced

Each surgery negligence claim is unique, so we can't give you an exact figure until we've heard more about your story. Settlement amounts usually take into factors such as:

• The type and severity of your injuries or illness
• The time it took you to recover or your expected recovery time
• Medical expenses and travel costs you've had to pay
• Lost earnings from time off work
• Lifestyle changes you've had to make because of your injuries or illness
• Ongoing care needs or home adaptations you may need

Your legal team should be able to give you a more accurate estimate of your payout amount once they've started the claims process. They'll work hard to get you the full amount of compensation you deserve.

We know you might want an idea of how much you could be entitled to before reaching out to us. That's why we created our surgical error compensation calculator. The figures provided are based on the compensation amounts outlined in the latest edition of the Judicial College Guidelines.

Compensation may not be able to take away the distress, pain and suffering caused by surgery negligence but it may help you get the support you need going forward. It can also ease some of the financial strain your injury may have caused you and your family.

Anything that has left you out of pocket because of your injury will be considered by your specialist surgery claim solicitor when you claim. This includes any future costs or implications.

We've seen how much of a difference compensation can make. It's helped people like you get back to where they were before they were injured or live more comfortably if that wasn't possible.

Generally speaking, the time limit for surgery negligence claims is three years from when you were first told that you had been treated negligently. It may also be from when it was first established that your surgery caused you harm or injury if that was later.

If you're approaching the three-year deadline, get in touch with us as soon as possible to act before it elapses. Call our friendly helpline advisors on [medtel] to take the first steps.

However, there are a few exceptions to this three-year time limit (legally known as the limitation period). These include:

• Claims made for children: You can claim at any point before a child's 18th birthday. After they turn 18, they have until they're 21 to make their own claim if you haven't already.
• Claims made for people lacking 'mental capacity': If someone can't manage their own case because of a lack of 'mental capacity', there are no time limits for claiming. This is assessed on a case-by-case basis and means more than someone requiring assistance with the process. If they regain capacity at any point, however briefly, the three-year time limit starts from that date and won't stop, even if they lose capacity again.
• Claims made for someone who's passed away: If someone has passed away because of surgical malpractice, you have three years from the date of their passing, or from the date it was found out that a surgical error was the cause.

Medical negligence claims against the NHS, including those involving surgical negligence, are handled by an organisation called NHS Resolution. It's a body of the Department of Health and Social Care and acts like an insurance company.

Every NHS Trust in the UK pays an annual premium to NHS Resolution, which means there's always a pot of money in place to settle any surgery error claims made against a Trust. NHS surgeons are classed as employees, meaning they're legally protected by their employer.

If your surgery was carried out by a private healthcare provider, malpractice claims work slightly differently. Guidelines from the General Medical Council (GMC) state that medical practitioners working in private healthcare must take out their own liability insurance to cover negligence claims because they are technically contractors.

This means that surgical negligence cases involving private treatment are usually more complex than those made against the NHS. Your claim may take slightly longer to settle and has a higher chance of going to court .

Whether your surgery claim relates to NHS or private treatment, we can help you with both. Call us on for a free, no-obligation chat.

'Never Events' are defined by NHS England as "serious incidents that are entirely preventable".  This is usually because strong, protective and preventative measures should be implemented by all healthcare providers.

Examples include foreign objects being left in a person's body after an operation or "wrong site surgery" where procedures are performed on the wrong patient or the wrong part of the body.

'Never Events' should be rare occurrences. However, reports from NHS England show there were 370 incidents from April 2023 to March 2024. There have been 154 cases from April to August 2024 alone. We believe that just one case is already too many.

If you or a loved one has been injured because of a surgical 'Never Event', we're ready to stand by your side. Call our friendly helpline advisors on or fill out our callback form to arrange a time that suits you.

As with any type of surgery, cosmetic surgeons carrying out procedures have a duty of care to protect your safety and well-being. This responsibility can't be taken lightly because surgical errors can have long-lasting and traumatic effects.

Starting a compensation claim for cosmetic surgery negligence can help you get your life back to normal as soon as possible. It can also draw attention to poorly skilled or unqualified practitioners and organisations, helping to protect other people.

Complications can be caused by defective products, treatment errors and a poor standard of care after procedures. Some examples of cosmetic surgeries we can help you claim for include:

• Breast enlargement or reduction
• Eyelid surgery
• Face or neck lift
• Liposuction
• Nose reshaping (rhinoplasty)
• Tummy tuck (abdominoplasty)

Even if yours isn't mentioned here, you may still be able to make a claim. Get in touch with us for free, impartial advice on to discuss your situation.

No two cases are the same, so the time it may take to be awarded surgical error compensation can depend on the specifics of your claim. Durations often depend on factors such as:

• The complexity and type of injury or illness suffered
• Whether you're claiming against the NHS or a private healthcare provider
• Whether the other party accepts or denies liability
• Whether any delays occur, such as waiting for medical records or opinions from specialist medical experts

We can't undo the damage done by surgical malpractice but we can help you get back to some form of normality. Compensation for surgical errors is designed to help you and your family overcome the financial strain caused by avoidable injury and illness. It also compensates you for your pain and suffering along the way.

Here are just a few reasons why you can trust us:

• We're regulated by the Solicitors Regulation Authority, which holds solicitors in England and Wales to the highest standards
• Any specialist solicitor we connect you with will be registered with The Law Society in England and Wales or the Law Society of Scotland
• We're incredibly proud of our 'Excellent' rating on Trustpilot and all the lives we've helped across thousands of positive customer reviews

If you placed your trust in the hands of a surgeon and they let you down, we're here to help make things right. Calling our friendly advisors is free and there's no obligation to proceed with a claim if you don't want to.

When you're ready, call us on or arrange a call back to hear from us at a time that suits you.