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Surgical negligence

Surgical interventions are carried out every day of the year in the UK.

There is an extensive spectrum of types of surgery (minor and major) treating numerous disorders.

Surgical procedures normally take place within a hospital setting (NHS hospitals and private hospitals/clinics). Planned (elective) surgical procedures are either routine (such as hip and knee replacements) or urgent (such as for life-threatening illnesses like cancer). Some operations are performed as an emergency (such as an acute trauma after a road traffic accident, emergency cardiac surgery, stomach ulcer surgery, appendectomies, bowel obstruction or airway obstruction). Surgery can be undertaken as a day-case or a longer in-patient stay in hospital may be required for more complicated procedures.

Over 10 million procedures and interventions are carried out every year in NHS UK hospitals. As medicine advances more conditions are being managed with surgical intervention and the number of procedures is increasing each year. Operations are also increasingly being carried out using less-invasive methods such as laparoscopic (keyhole) surgery.

Consultant surgeons work within multi-disciplinary surgical teams. Other health professionals, each with their own role, in the surgical team may include:

  • other associate speciality surgeons and lower grade doctors
  • anaesthetists
  • radiologists
  • specialist nurses who will be involved in patient care pre, peri (during the operation) and post-operatively.

Having surgery of any kind can be an anxious time for the patient. They entrust themselves to the surgeon and surgical team involved in their procedure. All surgical procedures (except emergency surgery) require advance consent (agreement) from the patient prior to proceeding.

The patient expects the surgeon to uphold their duty of care to carry out the relevant pre-operative tests and assessments, to decide on the correct procedure necessary, to explain the potential benefits, side-effects and risks of the surgery planned, to perform the surgery correctly to the expected standard and then to ensure adequate post-operative after-care is given. All surgical procedures carry some degree of risk and some operations carry greater risk than others. Measures should be in place to manage these risks and ensure safe surgery.

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Case study

We secured compensation of £325,000 for a client following misdiagnosis and delay in treatment of a condition caused by complications after routine elective surgery. 

Find out more

Case study

We secured compensation of £325,000 for a client following misdiagnosis and delay in treatment of a condition caused by complications after routine elective surgery. 

Find out more

  • Common Surgical Negligence Claims
    • Failure to gain fully informed or appropriate consent
    • Unreasonable delay in surgery
    • Unnecessary surgery (e.g. due to misdiagnosis)
    • ‘Wrong Site’ Surgery (operating on the incorrect part of the body)
    • Incorrect procedure
    • Poor standard of surgery
    • Damage of other organs during surgery
    • Infection during surgery
    • Anaesthetic complications (including anaesthetic awareness)
    • Foreign objects being left in the body (e.g. swabs, surgical instruments)
    • Inadequate surgery
    • Failed surgery (e.g. joint replacement)
    • Avoidable amputation
    • Post-operative complications (e.g. infection, bowel obstruction)
    • Inadequate post-operative care

  • How we can help you make a surgical negligence claim

    It can take courage and can initially feel daunting approaching a medical negligence solicitor. This is particularly so when wishing to challenge the treatment and care provided by a highly qualified professional such as a surgeon, who we hold in high regard and who we place our health and trust in. 

    It is important to appreciate that mistakes happen in any situation involving human beings, regardless of how well trained, skilled, experienced and caring they are. Where mistakes are made and harm is caused with regard to patient care there are consequences that may lead you to consider instructing a solicitor to bring legal action on your behalf.

    You may not be considering financial compensation once medical negligence has arisen - you may want to make sure that nobody else experiences the same injury that you did. This is entirely understandable. As humans, we trust in the training and expertise of our healthcare professionals and don’t expect harm to be caused. Many patients want lessons to be learned to prevent further harm for others.

    Pursuing a claim against a healthcare professional (public and private) does raise awareness. Pursuing a claim leads to investigation and scrutiny and consideration of existing policies and procedures and to further training. It also allows for a financial settlement to be awarded which places a patient in a better position than they may have otherwise been. 

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