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Surgical Negligence Claims — Compensation

Last reviewed: June 2026 · EA Personal Injury Solicitors

Surgical errors can have devastating consequences. If a surgeon or the surgical team caused you avoidable harm through negligent practice, EA Personal Injury Solicitors can help you claim compensation on a no win, no fee basis — if the claim succeeds, a success fee may be deducted from your compensation.

TL;DR — Quick Summary

Key Points

  • Surgical complications are not automatically negligent — but preventable errors are
  • Failure to warn of material risks (informed consent) is an independent basis for a claim
  • Wrong-site surgery is a "never event" and almost invariably constitutes negligence
  • Corrective treatment costs are recoverable as special damages
  • No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation

Frequently Asked Questions

What is surgical negligence?
Surgical negligence occurs when a surgeon or the surgical team fails to meet the standard expected of a reasonably competent specialist in the same field, and that failure causes avoidable harm to the patient. Not all surgical complications amount to negligence — surgery always carries inherent risk. The question is whether the complication was avoidable had proper care been taken.
I signed a consent form — does that stop me claiming?
No. Signing a consent form acknowledges that you were informed of the risks of the procedure. It does not consent to negligent surgery or waive your right to claim where a surgeon operates negligently. If the surgeon's technique was below standard or a preventable error was made, a consent form does not bar your claim.
What if I was not warned about a risk that then materialised?
Since the Supreme Court's judgment in Montgomery v Lanarkshire Health Board [2015], surgeons must inform patients of material risks — those a reasonable person in the patient's position would want to know about. If you were not warned of a risk that has materialised, and you would have declined the operation (or chosen a different approach) had you been warned, you may have a claim for failure of informed consent.
Can I claim for wrong-site surgery?
Yes. Wrong-site surgery (operating on the wrong body part or the wrong patient) is a "never event" — an avoidable incident that should never occur. It is almost invariably negligent.
How long do I have to make a surgical negligence claim?
Three years from the date of surgery or the date of knowledge. In cases where the negligence only became apparent some time after the operation, the clock starts when you knew or ought to have known the problem was linked to surgical error.
I need further surgery to correct the original error — can I claim those costs?
Yes. The cost of reasonable corrective surgery and associated treatment is recoverable as special damages within your claim.
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Published by EA Personal Injury Solicitors
Edward and Amaury Limited · SRA No. 800525
Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.

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