Understanding surgical negligence – your rights and legal options

Surgical procedures are a routine part of modern healthcare, with thousands performed every day across the UK. Thanks to the skill and dedication of our healthcare professionals, most operations are completed successfully, helping patients recover and improve their quality of life.

However, when mistakes occur during surgery, the consequences can be serious. At Furley Page, our specialist clinical negligence team are here to support you if you have suffered harm due to surgical errors.

What is Surgical Negligence?

Surgical negligence happens when a healthcare professional fails in their duty of care before, during, or after a surgical procedure, leading to avoidable harm. This may result in unnecessary pain, prolonged recovery, further surgery, long term disability or even death.

Beyond the physical effects, the impact of surgical negligence often extends to a person’s mental health, ability to work, and overall wellbeing. For many individuals and their families, the experience can be both traumatic and financially devastating.

If you have been affected by surgical negligence, it is your legal right to seek compensation for the harm caused.

Common types of Surgical Negligence

Surgical negligence can arise from a range of issues, whether the procedure was medically necessary, injury-related, or cosmetic. Some of the most common types of surgical errors include:

• Failure to inform of risks or assess suitability for surgery – If proper consent procedures are not followed or suitability checks are missed, patients may undergo unnecessary or unsafe procedures.
• Anaesthetic errors – Administering the wrong type or dosage of anaesthetic can lead to serious complications, including awareness during surgery or long-term injury.
• Surgical mistakes – Accidental internal injuries, nerve damage, or incorrect techniques can have devastating consequences.
• Wrong-site surgery – Operating on the wrong area of the body, removing the wrong tooth or even performing the wrong procedure entirely.
• Retention of surgical items – Leaving foreign objects like swabs or instruments inside the patient after surgery.
• Post-operative infection or poor aftercare – Inadequate hygiene standards or follow-up care can lead to infections and further health issues.

Can I make a Surgical Negligence claim?

All healthcare providers – whether part of the NHS or a private clinic – owe a duty of care to their patients. If it can be shown that this duty was breached and caused you harm, you may be entitled to compensation.

If you wish to complain about your NHS treatment you should first contact PALS (Patient Advice and Liaison Service), who can help resolve issues and provide a formal response. But they cannot award compensation; this is determined by the legal claims process. For private cases, you should complain directly to the private practice or practitioner, who should have their own complaints team.

To succeed in a claim, it must be demonstrated that:

1. The care you received fell below acceptable medical standards; and
2. That failure directly caused or worsened your injury or illness.

Clinical negligence claims are complex and often require detailed medical evidence and expert legal guidance. At Furley Page, our experienced team will work with you to assess your case, gather the necessary evidence, and pursue the compensation you deserve on a no win no fee basis.

How we can help

Our clinical negligence team understands the physical and emotional impact of medical errors. We are committed to supporting you every step of the way, offering clear advice and a compassionate, professional approach.

For expert advice about making a claim, call our Clinical Negligence team on 01227 763939 or contact us.