Surgical Error Claims

If you have suffered an injury as a result of surgery, it may be possible to bring a claim for surgical negligence. We act for both adults and children in a wide variety of claims surrounding surgical errors causing long term problems be it from general or cosmetic surgery.
 

Some common themes in terms of claims for surgical negligence include surgery undertaken at the wrong site or on the wrong body part or where an implement is left in situ. These types of cases can be quite straightforward and operating on the wrong body part is a 'never event' – meaning it should never occur.

However, some surgical negligence claims can be very complex and involve difficult medical and legal arguments about whether surgery was carried out to a reasonable standard and whether this caused an injury. There can also be complicated issues surrounding consent and whether sufficient information was provided for a patient to give informed consent to surgery.

If you or a family member has suffered an unexpectedly poor outcome from surgery, please contact us to discuss how we can help.

Your claim – why us?

Every case is investigated by our specialist lawyers, led by a partner. This typically involves working with experienced experts to understand what happened and why.

We also calculate the amount of funds required to put in place an individualised package of high-quality care and support; as well as compensation for losses resulting from the injury, such as lost earnings or pension.

We focus on doing all we can to reduce the stress on our clients. We ensure that all avenues to access funds as quickly as possible are explored to facilitate the specialist rehabilitation and care our clients need which may not be available on the NHS. We understand how important early interventions can be. 

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

For further information about compensation we have secured for clients who suffered surgical negligence, see cases we have acted in.

Surgical Error FAQs

How long do I have to bring a surgical negligence claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.

For adults, the usual rule is that a claim must be formally started at Court within three years of the date on which the negligence occurred, or the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that your injury was caused by negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

 

Will my case be decided by the Court?

Probably not.  The vast majority of personal injury and medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way. 

 

I am struggling with the effects of my injury.  Will it take a long time before my case is concluded?

Medical negligence and personal injury claims typically involve detailed investigation and expert evidence.  They often take several years to resolve.  

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established the Defendant usually has to pay part of the compensation immediately.  We will adopt an assertive approach with the NHS appointed lawyers to ensure that your needs are prioritised. This allows your needs to begin to be met while the work to quantify the full amount of compensation continues.

 

Can I make a 'no win, no fee' surgical error claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not usually have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of their records themselves before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)