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Surgical Negligence Claims: Free Assessment

Can I claim? You may be able to claim if a surgeon, anaesthetist or theatre team made a mistake that a reasonably competent professional would not have made, or if you were not properly warned of a significant risk, and you suffered avoidable harm. Every operation carries risks, and a complication is not automatically negligence. The surgery, consent process or aftercare must have fallen below a reasonable standard.

Medical Negligence Consultants is a claims management company authorised and regulated by the Financial Conduct Authority (FRN 836324). We offer a free initial assessment. If your enquiry is suitable, we refer it to the specialist solicitor on our panel who best suits your needs. We are not a law firm.

Request a free call-back, or call 0800 612 4970 (9am to 9pm, 7 days a week).

Examples of surgical negligence

  • Wrong-site or wrong-patient surgery
  • Damage to organs, nerves or blood vessels
  • Retained swabs, instruments or other objects
  • Poor technique causing leaks, perforations, bleeding or failed repairs
  • Unnecessary surgery
  • Inadequate consent about material risks or reasonable alternatives
  • Post-operative infections, bleeding or deterioration not addressed promptly
  • Anaesthesia errors — see anaesthesia claims

What a surgical negligence claim must prove

  • Breach of duty: surgery, consent or aftercare fell below the professional standard, normally assessed by an independent expert.
  • Causation: the failure caused avoidable harm, such as further surgery, permanent damage or a longer recovery.

A recognised complication that was properly explained and arose despite appropriate care does not automatically establish negligence.

Who is responsible?

For NHS surgery, claims are usually against the NHS trust and handled by NHS Resolution. Private surgery claims may involve the hospital, surgeon or both; a solicitor identifies the appropriate defendant.

What compensation can cover

If a claim succeeds, compensation may include pain, suffering and loss of amenity, plus lost earnings, further treatment, therapy, care and other reasonable financial losses. The amount depends on the case; no result or figure can be promised.

How long do I have to claim?

Most claims must start within three years of the negligent care or the date you first knew, or should have known, that it caused harm. For children, the three years normally starts on their 18th birthday. The time limit may not run while someone lacks mental capacity. Seek advice early; your solicitor will confirm the deadline.

How our free assessment works

  1. Tell us what happened. Call or request a call-back and explain the treatment and harm.
  2. We assess your enquiry, free of charge.
  3. Referral to the right solicitor. If suitable, we refer you to the panel solicitor best suited to your claim. They explain funding and next steps before you decide.

What to gather

The operation date and hospital, consent form, information leaflets, discharge papers, later treatment letters, photographs and financial losses. A solicitor can request your medical records.

Surgical Negligence Claims FAQs

Is a complication after surgery always negligence?

No. Some complications are known risks even when surgery is performed properly. Negligence may arise from substandard surgery or inadequate warnings of material risks.

What if I was not told about the risks?

Doctors must explain material risks and reasonable alternatives. If you were not properly informed and the risk occurred, you may have a claim.

Can I claim for an infection after surgery?

Possibly, if poor hygiene or technique caused the infection, or it was not recognised and treated promptly.

Can I claim for cosmetic surgery that went wrong?

Yes, where negligence caused avoidable harm. See our cosmetic surgery and beauty treatment page: https://medical-negligence-consultants.co.uk/medical/beauty-treatment/

How long do I have to claim?

Usually 3 years from the negligent care or from when you first knew about the harm. Children and people lacking capacity have different rules.

Are you a law firm?

No. We are a claims management company, FCA regulated (FRN 836324). We refer suitable enquiries to a solicitor on our panel.

How do you choose which solicitor handles my claim?

We match your enquiry to the panel solicitor best suited to your type of claim.

Is the assessment free?

Yes. If we refer you to a solicitor, they explain funding options, including any No Win No Fee arrangement, before you decide.

Related pages: Hospital negligence · Medical negligence claims

Medical Negligence Consultants is authorised and regulated by the FCA, FRN 836324. We are not a law firm. General information, not legal or medical advice.

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