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Surgery Negligence Claims: Free Assessment

Can I claim? You may be able to claim if an operation was carried out below a reasonable standard, you were not properly warned of material risks, or pre-operative or aftercare was inadequate, and this caused avoidable harm. Surgery carries recognised risks and a complication alone is not negligence.

Medical Negligence Consultants is a claims management company authorised and regulated by the FCA (FRN 836324), not a law firm. We provide a free initial assessment and refer suitable enquiries to specialist solicitors on our panel.

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

Types of surgery claims we can assess

What can go wrong

  • Damage to organs, nerves or blood vessels
  • Wrong-site or wrong-patient surgery
  • Retained swabs or instruments
  • Unnecessary or unjustified surgery
  • Inadequate consent about material risks or alternatives
  • Poor pre-operative assessment
  • Post-operative infection, bleeding or leaks not addressed promptly
  • Failure to respond to complications, requiring repeat surgery

What a negligence claim must prove

  1. Breach of duty: surgery, anaesthetic care, consent or aftercare fell below a reasonable professional standard, usually assessed by an independent expert.
  2. Causation: the failing caused harm that would probably have been avoided with appropriate care.

A recognised complication despite appropriate care does not automatically establish negligence.

Who is responsible?

For NHS care, claims are usually brought against the NHS trust. Private claims may involve the hospital, individual clinician or both. Your solicitor identifies the appropriate defendant.

What compensation can cover

Successful claims may include damages for pain, suffering, loss of amenity and psychological harm, together with lost earnings, corrective treatment, therapy, care or adaptations. No result or amount can be guaranteed.

How long do I have to claim?

The usual period in England and Wales is three years from negligent care or the relevant date of knowledge. Different rules apply for children and people lacking mental capacity. Seek advice early.

How our free assessment works

  1. Tell us what happened. Explain your procedure and what went wrong.
  2. We assess your enquiry free of charge.
  3. Referral to the right solicitor. If suitable, we refer you to a specialist panel solicitor who explains funding and next steps.

What to gather

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

Surgery negligence FAQs

Is a complication after surgery always negligence?

No. Some complications are known risks that can happen even when surgery is done properly. It becomes negligence if the surgery fell below a reasonable standard or you were not warned of a significant risk.

Can I claim if I needed a second operation to put things right?

Possibly. If the first operation was done below a reasonable standard, corrective surgery and its effects can form part of a claim.

What if I was not told about the risks?

Doctors must tell you about material risks and reasonable alternatives so you can make an informed choice. If you were not told and the risk then happened, you may have a claim.

Can I claim for private surgery abroad?

Claims depend on where the treatment took place and who provided it. Tell us what happened and a solicitor can advise whether a claim is possible in England or Wales.

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: Surgical errors · Anaesthesia · Medical negligence

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

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