T Surgery Negligence

What is surgical negligence?

Surgical negligence refers to preventable errors or negligent actions before, during or after surgery. It applies to both the NHS and private practice and includes:

Pre-operative preparation
Incorrect sterilisation procedures for instruments
Damage to organs
Incorrectly administered anaesthetic
Improper ‘closing’ of a surgical site
Damage to nerves or tissue
Objects or instruments left inside a patient during surgery
Post-operative infection

This is just an example of the types of error that can occur. If your surgery didn’t go to plan, get in touch for a free initial discussion about your specific situation.

On this page...

Surgical Negligence Claim Types

>Blood Clot Compensation Claims

>Delayed Surgery Claims

>Hernia Surgery Claims

>Hip Replacement Claims

>Knee Replacement Claims

>Scarring Claims

>Soft Tissue Injury Claims

>Spinal Surgery Claims

>Unnecessary Surgery Claims

Why make a surgery error negligence claim?

Most surgery carries an element of risk and that should be discussed with you prior to the operation, so you are fully aware before giving consent. But if errors are made that result in infection, injury or further complications, you are entitled to pursue a surgery compensation claim.

Errors need to be brought to the attention of those responsible to prevent them from happening again.

You also need to make sure you are secure when it comes to costs, treatment and recovery. Compensation can help.

Find out more about making a claim.

How can First4Lawyers help?

Our legal advisors will give you a free consultation, where you can tell us what happened. They will then assess whether you have a claim to pursue.

We have surgical negligence solicitors who know how to deal with complex claims like these. They will put together a case to help you achieve maximum compensation. We also offer a No Win No Fee service in England and Wales.

Can I make a No Win No Fee claim?

We offer No Win No Fee for medical negligence cases in England and Wales, so you don’t have to worry about upfront costs. And if the case isn’t successful, you don’t pay any legal fees.

Is there a time limit for making a claim?

There is usually a three-year period, from the date of knowledge (when you became aware of the negligence), but there are exceptions for children and those with limited mental capacity. Our advisors will be able to take you through the details, so just get in touch.

Only pay a fee if you receive compensation

Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accident claims.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

Can I get an early payout?

It may be possible for you to receive an early compensation payout, known as an interim payment.

When this happens, you will receive part of your compensation before your medical negligence claim is fully settled. You can use these funds to ensure you receive the care you need to help aid your recovery.

Your solicitor will be able to talk you through interim payments and arrange one for you if necessary.

Will I need a medical exam?

In most cases of clinical negligence, you will need a medical exam. Your lawyer will let you know whether this is necessary in your case.

Your solicitor will arrange for you to be assessed by a medical expert. They will assess how severe your injury or illness is and what impact it has on your daily life – both now and in the future.

The assessment will form part of your evidence. It may also be necessary to access your medical history to form part of the evidence in your claim. This will show how your health has been affected by your experience of clinical negligence.

Can I claim on behalf of someone else?

Yes, it is possible for you to claim on behalf of someone else.

In most cases, this will be on behalf of a child or someone who lacks the ability to claim for themselves.

You could face different time limits for making a claim on behalf of someone else, so give us a call to find out more.

Can I make a claim after three years?

Most people who have experienced medical negligence will have three years to begin a claim. This means that you should start your claim as soon as possible.

Starting a claim after the three-year deadline has passed is typically not possible. But there are exceptions.

For example, if you only discovered after the deadline has passed that your injury was caused by medical negligence, you would have three years from the date you found out to make a claim. This is known as the date of knowledge.

If you’re not sure whether you could still make a claim, just get in touch and our friendly advisors will talk you through your options.

Should I complain to the hospital or NHS trust?

After an experience of medical negligence, you can complain to the organisation responsible. It isn’t the same as making a claim, but it can highlight the problem to the hospital or trust and allow them to address it.

To write a letter of complaint, make sure you have a record of the details of your experience. Inform the healthcare provider what you are complaining about, the facts around what happened and copies of any evidence.

Your complaint can also form part of your evidence.

How does No Win No Fee work?

In England and Wales, you could make a No Win No Fee medical negligence claim. This means that you won’t have to pay any fees upfront, letting you focus on your recovery rather than funding legal action.

You will also have nothing to pay if your claim is not successful, so you don’t face any financial risk by pursuing a claim.

If you are awarded compensation, you will pay your lawyers a success fee. This will typically be 25% of your total compensation amount, but it will never be more. Please note this excludes claims for road traffic accidents, where customers typically pay 35% + VAT due to changes introduced through the Civil Liability Act 2018. Your solicitor will make sure you are informed of all the details surrounding fees at the beginning of the process, so there won’t be any surprises.

Will my treatment be affected if I make a claim?

Making a claim does not affect your right to medical treatment. You are entitled to proper care.

If you suspect that you are not receiving the appropriate level of care, we can advise you on your rights. You may prefer to be treated at a different hospital or by a different doctor. We can help you get the right treatment for you.

Can you help me get the treatment I need?

When you make a medical negligence claim, you may require further treatment to get you back to the position you were in before your experience of negligence happened.

Your solicitor could help you by arranging certain treatments for you. This could include physiotherapy, dental work or other forms of healthcare to help you recover.

To find out more, just get in touch.

Surgical Negligence Solicitors

Why choose us?