Surgical Negligence Claims Solicitors

Some of the most common causes of surgical errors during operations include:

• A loss of concentration at a crucial moment could result in cutting a nerve or blood vessel
• The surgeon might mistake landmarks and structures, resulting in them performing unnecessary surgery on the wrong part of the body
• The surgeon may fail to double-check that they have performed an action correctly, or assume that it has been performed correctly
• There may be a failure to monitor a patient’s heart rate and breathing
• The anaesthetist may use too much anaesthetic, putting the patient’s health at risk, or too little, which could result in an anaesthesia awareness claim

If you or someone you love has been affected by any of the above or similar surgical errors, contact our team to access 30+ years of experience in surgical negligence claims.

A negligent surgery claim case occurs when an error(s) made by a surgeon is something that no reasonable surgeon in the same position would have made.

Not all surgical errors will be considered negligent. For instance, in some abdominal surgeries or weight loss surgeries, a surgeon must perform actions ‘blind’, through touch alone. In these circumstances, it may be considered reasonable if they mistakenly damage a nerve, blood vessel or organ.

However, if the surgeon does not recognise this risk, and the affected area is not monitored post-surgery to check if anything did go wrong, this could lead to a negligence claim if the patient becomes unwell or suffers further injury.

In another example, if a patient is overweight and undergoing their fourth abdominal surgery, it may be more justifiable if damage is caused to surrounding structures compared to someone undergoing their first abdominal surgery.

Other surgery-related cases can include amputation errors, misdiagnosing conditions, or delayed treatments leading to further or prolonged issues.

As highly experienced surgical negligence claims solicitors, we engage with impartial surgeons, working in the same field as the Defendants, to determine whether they failed in their duty of care.

'Never events' are entirely preventable incidents, such as:

• Swabs or instruments being left inside the body
• The wrong procedure or surgery being performed on the wrong part of the body or on the wrong person
• The wrong type of blood was given during a blood transfusion

We have helped many people affected by never events make successful surgical compensation claims.

Common types of surgical complications include:

• Mistakenly damaging a nerve or cutting a blood vessel, which gradually restricts blood flow to particular nerves
• A patient might develop a DVT from lying still during long operations if they are not regularly moved or provided with DVT prophylaxis
• They leave instruments or other objects inside a patient’s body

Below are some more specific surgical complications that can lead to surgical negligence claims:

Orthopaedic surgery claims

Many orthopaedic procedures involve joint replacements. In these situations, the wrong size replacement may be chosen, which can cause severe pain and loss of range of movement. It is also possible for a defect to be overcorrected or undercorrected. We have handled many knee surgery claims and claims for hip replacements.

Gynaecological surgery claims

During gynaecological surgery, there is a risk that a surgeon mistakenly damages a patient’s bowel or bladder, particularly during laparoscopic procedures, which causes the patient harm post-surgery.

Another possible error could be a poor consenting process that results in a patient undergoing an unnecessary hysterectomy, when their condition could have been resolved with medication, leading to less permanent consequences.

Weight loss surgery claims

It is possible that the wrong type of bariatric procedure – be it a gastric band, gastric sleeve or gastric bypass – is conducted, leading to unintended results for the patient.

In other circumstances, a surgeon or other healthcare professional may fail to competently monitor a patient’s condition post-surgery, to assess whether any unintended damage was done to a structure during a ‘blind’ procedure.

Spinal injury claims

Several mistakes can occur during spinal surgery, ranging from surgery being performed at the wrong position on the patient’s spine, to the risk of overstretching or cutting a nerve in the spinal cord.

Gallbladder compensation claims

During a cholecystectomy (removal of the gallbladder), a surgical error might cause bile or gallstones to escape and cause damage to the abdomen if not washed out.

It is also possible to injure the common bile duct. This can allow bile to leak out and can lead to infections, blockages and ongoing digestive issues, as well as necessitate future surgeries.

Cosmetic surgery claims

A mistake during cosmetic surgery can result in a patient not receiving the outcome they agreed with their surgeon, such as nipples being incorrectly positioned following breast surgery, which necessitates further corrective procedures. View more information about breast surgery negligence claims.

It is also possible for a patient’s features to be asymmetrical following surgery, or that areas to be made larger or smaller than intended.

Infection from surgery claims

In a hospital or healthcare setting, open surgical wounds and cuts can provide entry points for bacteria and viruses to enter the body. As a result, infection is a notable potential complication following surgery.

Anaesthesia awareness claims

When mistakes are made administering anaesthesia, patients can regain consciousness mid-procedure. While cases of anaesthesia awareness are rare, this traumatic experience can cause lasting emotional and psychological damage.

We understand that the claims process can be difficult to navigate, so we are always transparent about what you can expect.

Our expert lawyers are with you every step of the way, and we commit the time and resources necessary to fully investigate your negligent surgery claim. We will examine all available evidence to determine if your medical care was substandard, including:

• Medical records
• Claimant statements
• Witness statements
• Complaint correspondence
• Independent medical opinion

We have a database of independent surgeons with relevant medical and legal knowledge to help us determine whether your surgeon’s actions were unreasonable and directly responsible for your pain, suffering or loss.

We will also speak to relevant medical experts to establish how much your situation has changed compared to if your surgery were performed correctly. This will play a key role in quantifying the compensation you deserve.

We work on a ‘no win, no fee‘ agreement – you only pay if we win your case. Our payment is recovered from the settlement you receive, and we never ask you to pay anything at any stage of the claims process.