Surgical Negligence Claims Solicitors
Injured by surgical negligence? If a surgical error caused your injury, you may be entitled to compensation. Our No Win No Fee solicitors can help you recover lost income, treatment costs, and more.
Key Facts About Surgical Negligence Claims
Meet Our Surgical Negligence Solicitors
Stonehewer Moss are experienced personal injury solicitors with a strong track record in handling surgical negligence claims. We offer a straightforward No Win, No Fee service and a free consultation to help you explore your options.
Our team is known for a personal, supportive approach and is proudly accredited by the Association of Personal Injury Lawyers (APIL).
What Is Surgical Negligence and Can I Claim Compensation?
The term ‘surgical negligence’ refers to a failure by medical professionals—such as surgeons or surgical staff—to meet the expected standard of care, resulting in avoidable injury or harm to a patient.
Surgical errors can have life-changing consequences, from unnecessary pain and physical deterioration to permanent disability or, in the most serious cases, loss of life. Many individuals also experience mental health challenges following a negligent procedure, often developing a deep mistrust of the healthcare system.
Examples of Surgical Negligence and Time Limits for Claims
Surgical negligence is a broad term covering a range of medical errors that occur before, during, or after a surgical procedure. Common examples include:
- Leaving surgical instruments or materials inside the body
- Performing surgery on the wrong area or site
- Carrying out an unnecessary operation
- Performing the wrong surgical procedure
- Accidental damage to organs, such as perforation
- Errors with anaesthesia, such as incorrect dosage or allergic reactions
- Delays in surgery or diagnosis that lead to worsening conditions
In most cases, you have 3 years from the date of the negligent surgery to begin your claim. However, if your injury or condition is only discovered later, the 3-year limit starts from the date of diagnosis.
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Proving Fault in Surgical Negligence Cases
Surgical negligence claims rely on two key legal principles: Breach of Duty and Causation. Understanding these terms is crucial to building a successful case.
Breach of Duty: This occurs when a surgeon fails to meet the expected standard of care. If their actions fall below what a competent professional would do in similar circumstances, and this causes harm, they may be found negligent.
Causation: Causation means proving that the harm was directly caused by the surgical error. Even if a mistake occurred, a claim may not succeed if the outcome would have happened regardless due to the patient’s condition.
Why evidence matters: As with any claim, evidence is essential. Your solicitor can help gather medical records, expert reports, witness statements, and other documentation to support your surgical negligence claim.
How Much Compensation Can I Get for Surgical Negligence?
Surgical negligence compensation varies depending on the severity of the injury and the type of error involved. It typically includes two categories: General Damages and Special Damages.
General Damages: These cover pain, suffering, and loss of amenity caused by the negligent surgery.
Special Damages: These compensate for financial losses such as further treatment, rehabilitation, prescriptions, or home adjustments needed due to your injury.
The Judicial College Guidelines offer estimated compensation ranges for different types of injuries. Examples include:
- Internal organ damage: £4,000 – £250,000
- Brain damage: £3,000 – £495,000
- Scarring: £3,000 – £128,000
- Paralysis: £60,000 – £495,000
Exact compensation depends on the details of your case. Speak to our expert solicitors for a free consultation and tailored advice.
Expert Legal Support for Surgical Negligence Victims
Stonehewer Moss Solicitors are experienced medical negligence specialists based in Northwich, proudly accredited by the Association of Personal Injury Lawyers (APIL) and regulated by the Solicitors Regulation Authority (SRA). With over 20 years of success in handling complex No Win No Fee claims, we’ve supported countless clients in securing compensation after suffering harm due to surgical errors.
If you’ve been affected by negligent surgery—whether through a preventable mistake, delayed procedure, or incorrect diagnosis—our dedicated solicitors are here to help. We offer a free 30-minute consultation to assess your case, explain your legal options, and guide you confidently through the claims process.
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Frequently Asked Questions
Surgical negligence refers to avoidable mistakes made during surgery that result in harm to the patient. This can include operating on the wrong area, leaving instruments inside the body, anaesthetic errors, or failing to warn about known risks.