Surgical negligence claims

Surgery requires complete trust in the people caring for you. When that trust is broken, the consequences can be life changing. If you have been harmed by surgical negligence, our specialist medical negligence solicitors can help you understand what happened and what you can do next.

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Author

Kate Lozynska

Associate Solicitor & Team Leader

Last Updated

16th July 2026

Can I make a surgical negligence claim?

You may be able to make a surgical negligence claim if you have suffered harm because of a mistake made during surgery, or in the period leading up to or following a procedure. Surgical errors can cause serious physical, emotional and financial harm. If this sounds familiar, you deserve answers, as well as the support you need to move forward.

Surgical negligence covers a wide range of errors made by surgeons, anaesthetists or other members of the surgical team. This can include wrong site surgery, an incorrect choice of procedure, anaesthesia errors and a substandard surgical technique. It can also include failure to remove a foreign body – such as an instrument or swab – post operative infection caused by poor hygiene, inadequate post operative care, or a failure to get your full and informed consent before the procedure.

People also come to us for support if they were not told about suitable alternative treatments before consenting to surgery, or if complications came about because their condition was not properly monitored during or after the procedure. If you’re unsure about your experience, it is still worth speaking to us. In most cases you have three years to start your claim, although there are exceptions. We will listen carefully and tell you honestly whether you have a case.

Example of a surgical negligence claim

Imagine a patient undergoing a routine hip replacement who later discovers that the implant used during surgery was not suitable for their needs. If this happened because the surgeon failed to select or fit the implant correctly, and this fell below the standard expected of a competent surgeon, it could form the basis of a valid surgical negligence claim. The patient may be left with ongoing pain, reduced mobility and the need for further surgery, all of which could be reflected in a compensation settlement.

Common surgical negligence claims we support

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What compensation can help with

Nurse holding the hand of a woman lying in a hospital bed

Funding your recovery and securing your financial future.

When something goes wrong during surgery, the impact can be significant. For many people, compensation is not just about financial loss, it’s about regaining independence, accessing the right rehabilitation and creating a stable future.

One of our clients, Arfon, experienced catastrophic injuries after a disc was negligently removed during spinal surgery, leaving him paralysed from the waist down. Compensation allowed him to access rehabilitation, adapt his home and rebuild his life with dignity and support. This demonstrates how having access to the right compensation can help ease those pressures and give you the stability you need, so you can fully focus on getting better.

A successful surgical negligence claim may help fund:

Medical treatment and surgery required to address or correct the effects of the negligence
Rehabilitation and physiotherapy
Psychological support and counselling, including for conditions such as PTSD, anxiety or depression
Loss of earnings, including future loss of earnings if you’re unable to return to work
Ongoing care and support needs
Home adaptations and specialist equipment
Travel costs related to treatment and recovery

Understanding the potential value

We have supported clients with a wide range of surgical negligence outcomes, from life-changing injuries to cases involving shorter term complications. For example, we secured a £7 million settlement for a man in his thirties who suffered a severe stroke after surgeons failed to seek the right vascular input during elective tumour surgery, causing his brain to be deprived of blood flow. We also achieved £30,000 for a 24yearold mother after inadequate supervision during a laparoscopy led to a vascular injury, significant blood loss and the need for open surgery, leaving her with a lifetime risk of further complications. The value of your claim will depend on the severity of your injuries and the impact on your life. We’ll look carefully at your circumstances to make sure your settlement reflects the full picture.

Understanding interim payments

In more serious cases, we may be able to secure interim payments on your behalf during the claims process – before a final settlement is reached. This means you don’t have to wait until the end of your claim to access the financial support you need. Interim payments can help cover immediate costs such as private medical treatment, rehabilitation, specialist equipment or care. If financial pressure is adding to the strain you’re already under, we’ll do everything we can to ease that as early as possible.

Specialist surgical negligence solicitors

Our specialist surgical negligence solicitors are here to help you.

Why choose Fletchers for your surgical negligence claim?

Surgical negligence claims often involve complex medical evidence and detailed investigations. From errors during routine procedures to complications arising from major surgery - our team understands how these cases unfold and what is needed to build a strong claim. At Fletchers, our specialist medical negligence solicitors take the time to listen to you, explain your options clearly and support you throughout the process. We have helped many people whose lives have been affected by surgical errors, and we have a proven track record of achieving successful outcomes.

Expertise you can rely on

Specialist medical negligence solicitors experienced in complex surgical cases
Proven results securing substantial settlements for clients
Experience leading group legal actions involving hundreds of patients affected by the same surgeon or NHS Trust
In-house rehabilitation and wellbeing team, so you can access the care and support you need early on
Rated excellent on Trustpilot by the clients we have supported
No win, no fee – so you can pursue your claim with no financial risk

You're not alone

We understand what you're going through.

When surgery doesn’t go as expected, the consequences can be significant. Many people come to us for support after what should have been a straightforward procedure, now in the unfortunate position of needing further treatment or facing a much longer recovery because of someone else’s negligence.

One client we supported suffered catastrophic injuries during spinal surgery, leaving her paralysed below the elbow and entirely dependent on others. Her family came to us just days after the operation, overwhelmed and unsure where to turn. In handling her legal case and securing a significant settlement, we helped the family find some stability at a time which was understandably traumatic and difficult. Experiences like this are lifechanging, and no one should have to face them alone.

We know that surgical negligence can lead to financial pressures too. Often, people need additional treatment, rehabilitation and specialist care. They may be unable to work for a time – or perhaps might not be able to return to work at all. This can place strain on you and your family, at a time when you should be focused on your recovery. We understand this, and we want to take some of the weight from your shoulders.

When you come to us about a surgical negligence claim, we take the time to listen, understand the full impact, and guide you through each stage of the process. We’re proud of the compassionate and steady support we provide. We gather the evidence, work with independent medical experts and build the strongest possible case on your behalf. Our job is to take on the hard work so you can focus on rebuilding your life, knowing you have a team fighting for the outcome you deserve.

People we’ve supported

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FAQs about surgical negligence claims

What counts as surgical negligence?

Surgical negligence refers to mistakes made during the surgical process – or in the period leading up to or following surgery – that have caused unnecessary harm to a patient. This could include operating on the wrong site, errors in the administration of anaesthesia, substandard surgical technique, failure to remove a surgical instrument or swab, inadequate post-operative care, or failure to obtain your fully informed consent before the procedure. If you think you may have a claim, get in touch with us and we’ll tell you honestly whether your situation qualifies.

Do I need to make an NHS complaint before starting a claim?

No, you don’t have to make a complaint before starting a claim. Some people choose to use the NHS complaints process to get answers, but it’s not required. If you’d like to make a complaint, we can guide you on how to do this alongside your claim.

How much compensation can I claim for surgical negligence?

Surgical negligence compensation varies depending on the circumstances of each case. There’s no fixed amount – the value will reflect the pain and suffering you’ve experienced, the financial losses you’ve incurred, and your future needs including care, treatment and loss of earnings.

We have successfully settled a wide range of surgical negligence cases, including multimillion-pound claims. Regardless of the value of your claim, your solicitor will work hard to secure the maximum compensation that fairly reflects what happened to you and its impact on your life.

How long does a surgical negligence claim take?

The length of time depends on several factors, including the complexity of the case, how the other party responds, the severity of your injuries, and whether the claim proceeds to court. Some cases – particularly those involving serious injuries such as brain or spinal damage – can take longer to resolve.

As a general guide, a surgical negligence claim can take anywhere from six months to several years (typically two to five years) to settle. Your solicitor will give you an honest indication at the outset of how long your case is likely to take, and will keep you informed throughout.

Can I claim for a surgical error that happened years ago?

In most cases, you have three years to start a surgical negligence claim. Importantly, this three-year period usually runs from the ‘Date of Knowledge’ – the date you first became aware that the harm you suffered was linked to surgical negligence. This could be the date of the procedure itself, or it could be weeks, months or even years later if the connection wasn’t initially apparent.

If you’re unsure whether you’re still within the time limit, speak to us as soon as possible. Time limits can be complex and there are exceptions in certain circumstances.

Can I make a claim for a family member?

Yes. You may be able to bring a claim on behalf of a child, a loved one who lacks mental capacity, or someone who has passed away. We’ll explain who can act, what evidence is needed and how the process works.

How does a No Win No Fee agreement work?

A No Win No Fee agreement means you can pursue your surgical negligence claim without paying any legal fees upfront. If your claim is unsuccessful, you won’t owe anything. If your claim succeeds, a percentage of your compensation will be deducted as the solicitor’s fee. This arrangement removes the financial risk of making a claim, making the process accessible regardless of your financial situation.

What evidence is needed for a surgical negligence claim?

The key evidence in a surgical negligence claim typically includes your medical records, expert medical opinion, and any evidence of the losses you’ve suffered as a result of the negligence. You don’t need to gather this yourself. We’ll access your medical records, consult with independent medical experts, and build the evidence needed to support your claim on your behalf.

What support will I receive during my claim?

From the first conversation, our focus is on making things feel clearer and more manageable for you. Your solicitor will guide you through every stage of the process, explaining what’s happening and what comes next in plain language.

Where appropriate, we’ll also work closely with case managers and medical professionals to help you access the right care and rehabilitation as early as possible – not just at the end of your claim. Our aim is to support your recovery alongside pursuing the compensation you’re entitled to.