Surgical Negligence Claims
We'll assess your enquiry to find out if we can match you with an expert law firm to progress your potential claim.
Pocket Claim is authorised and regulated by the Financial Conduct Authority as a Claims Management Company. We will never charge you for our service, as we receive payments from law firms for the service we provide.
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Avoidable injury
Sometimes an organ, nerve or other part of the body can be injured during surgery. If the injury could reasonably have been avoided but instead caused you harm, you may have a potential claim.
Wrong site surgery
Operating on the wrong part of the body is a serious surgical error. If this has happened to you during NHS treatment, you may be able to make a claim.
Failure to respond to complications
Complications can happen without anyone being at fault. However, if signs of a complication were not appropriately identified or acted upon and this caused you additional harm, you may have a potential claim.
Talk to us
Your experience matters. If you think you could be eligible to make a claim, but aren't sure, we'd love for you to get in touch and talk about it with our expert review team. There's no obligation to proceed: when you're ready, we're ready.
How does it work?
Tell Us What Happened
Your experience matters. Tell us about the NHS care or treatment you received and the harm you experienced. We'll use this information to understand your medical negligence enquiry and see if we can help.
We'll Assess Your Enquiry
We'll assess your medical negligence enquiry to help identify a path to progress your potential claim. If your enquiry can move forward, we'll explain what happens next. When you're ready to take the next step, we're ready.
Get Matched
If your enquiry can progress, we'll match you with a reputable SRA-regulated law firm from our panel with the relevant experience in medical negligence claims. The law firm will then assess your potential claim and advise you on your best path forward.
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FAQs
In England and Wales, you usually have three years to begin a surgical negligence claim. This period may run from the date the negligent treatment occurred or from the date you first realised that your injury could be connected to the surgery. The latter is often referred to as your “date of knowledge”.
Although three years may seem like plenty of time, it is sensible to seek legal advice as early as possible. Starting promptly can make it easier to obtain medical records, gather witness evidence and establish exactly what happened.
Different rules may apply to children, people who lack capacity, deceased patients and other particular circumstances. Courts also have a limited discretion in some cases. You should obtain specialist legal advice promptly.
The value of a surgical negligence claim depends on the individual circumstances. Compensation depends on the additional injury and loss caused by the negligent treatment. Factors such as the nature and severity of your injury, how long your symptoms are expected to last, whether you need further treatment or assistance, the effect on your daily life and any financial losses you have experienced will all be considered.
If your claim succeeds, compensation is generally divided into two categories:
General damages
General damages compensate for pain, suffering and loss of quality of life caused by the negligence. They may also include a recognised psychological or psychiatric injury where supported by medical evidence.
Special damages
Compensate for financial losses and expenses caused by the injury. Depending on the circumstances, these may include:
- lost earnings;
- treatment and rehabilitation;
- care and assistance;
- travel to medical appointments;
- equipment or mobility aids;
- accommodation or property adaptations; and
- future financial losses.
You should keep receipts, invoices, payslips and records of care, travel and other expenditure. These can help establish your losses.
In some cases, you may receive part of your compensation before the claim is finally settled. This is called an interim payment and may help with immediate needs such as rehabilitation, care or essential living costs.
An interim payment is not automatic. It may be available where the defendant agrees to make one or where the legal requirements are met, for example, where liability has been admitted, or the court is satisfied that you are likely to recover substantial compensation. Any interim payment will be taken into account when your final compensation is calculated. Your solicitor can explain whether you may qualify and any effect on your claim.
For an initial indication of what general damages might be worth, you can use our surgical negligence compensation calculator.
Your health comes first. If you have new, severe or worsening symptoms, seek medical advice promptly. Use emergency services where appropriate.
You can also take the following practical steps:
- Write down what happened, including relevant dates, symptoms and conversations.
- Keep hospital letters, discharge documents, photographs and other records.
- Retain evidence of expenses, lost income and care or assistance.
- Consider using the healthcare provider's complaints procedure if you want an explanation or investigation.
- Speak to a specialist clinical negligence solicitor before the legal deadline approaches.
A complaint and a compensation claim are separate processes. A complaint may help you obtain an explanation, but it does not normally stop the legal time limit from running.
You may then wish to speak to a specialist surgical negligence solicitor. They can review what happened, explain whether the treatment may have fallen below an acceptable standard and talk you through your available options.
If there are reasonable grounds for a claim, a solicitor can advise you on the next steps and help obtain the medical evidence needed to support your case. Whether you decide to continue will remain entirely your choice.
To discuss your circumstances, complete our contact form, and we'll be in touch. We understand that dealing with the consequences of surgical negligence can be overwhelming, and we are here to help.
We'll assess your medical negligence enquiry to help identify a path to progress your potential claim. If your enquiry can progress, we'll match you with a reputable SRA-regulated law firm from our panel with the relevant experience in medical negligence claims. The law firm will then assess your potential claim and advise you on your best path forward.
Surgical negligence claims can be handled under a “no win, no fee” agreement.
Under a typical agreement, you will not pay the solicitor's basic legal fees if the claim is unsuccessful, provided you comply with the agreement. However, “no win, no fee” does not necessarily mean “no financial risk”.
Before signing, ask the solicitor to explain:
- what you would pay if the claim succeeds;
- whether you must pay anything if the claim fails;
- who pays for medical reports, court fees and other expenses;
- whether after-the-event insurance is recommended;
- what the insurance covers and how much it costs;
- what happens if you end the agreement early;
- whether you could have to pay any of the defendant's costs; and
- whether you already have legal-expenses insurance which could fund the claim.
If the claim succeeds, the solicitor may deduct a success fee from your compensation. In England and Wales, the success fee in a personal injury claim is generally capped at 25% of general damages and compensation for past financial loss, including VAT.
Compensation for future financial loss is excluded from this cap. An insurance premium or other amount permitted by the agreement may be deducted separately.
*No-Win, No-Fee: If your claim succeeds, the law firm may deduct a success fee of up to 25% (including VAT) and any unrecovered legal costs, capped together at 30% of your total damages. You will receive at least 70%, minus any separate ATE insurance premium. Termination charges may apply if you do not adhere to the terms of the agreement.
Surgical negligence claims can involve complex medical and legal issues. Choose a solicitor with relevant clinical negligence experience, including experience of claims involving similar procedures or injuries. They should be able to assess medical evidence, appoint suitable independent experts and explain the claim clearly at each stage.
Clinical negligence is a specialist area. Look for a solicitor with substantial experience of representing patients and, where possible, experience of the type of surgery or injury involved.
Ask the solicitor:
- who will manage your case day to day;
- what experience they have of comparable claims;
- how they will investigate the medical issues;
- what funding options are available;
- what could be deducted from your compensation;
- what financial risks you face;
- how often you will receive updates; and
- how long the initial investigation is likely to take.
In England and Wales, relevant quality standards include:
- the Law Society's Clinical Negligence Accreditation;
- the AvMA Specialist Clinical Negligence Panel; and
- APIL Clinical Negligence Specialist accreditation.
Accreditation can provide reassurance about expertise, but it does not guarantee that a solicitor will accept your case or that the claim will succeed.
Pocket Claim can help you find the right legal support without requiring you to approach several firms yourself. Tell us what happened, and our team will carry out an initial review of your enquiry. If your case appears suitable, we can connect you with a specialist solicitor who has experience in surgical and medical negligence claims.
There is no obligation to continue simply because you have spoken to us. Our aim is to make it easier to understand your options and take the next step when you feel ready.
A complication or poor result does not automatically mean that medical negligence occurred. Surgery involves risks even when appropriate care is provided.
Circumstances that may justify further investigation include:
- surgery being carried out on the wrong part of the body;
- the wrong procedure being performed;
- an instrument or surgical material being unintentionally left in the body;
- an unexpected injury to an organ, nerve or other structure;
- a potentially avoidable anaesthetic error;
- signs of infection not being recognised or treated appropriately;
- significant symptoms not being properly investigated;
- inadequate monitoring during or after surgery;
- discharge without appropriate assessment, advice or follow-up;
- a failure to explain material risks and reasonable treatment alternatives; or
- further surgery being required to correct a potentially avoidable error.
These circumstances do not prove that you have a claim. It will normally be necessary to show that the care was unacceptable and that this caused additional injury.
A consent claim may arise where a patient was not given reasonable information about material risks or reasonable alternative treatments. The fact that a risk occurred does not, on its own, establish a claim. Evidence will also be needed about what should have been discussed and what the patient would have decided if properly informed.
Increasing pain, redness, swelling, heat around a wound, discharge, fever or feeling seriously unwell may indicate an infection or another complication. Seek medical advice promptly rather than waiting for a legal assessment.
To make a successful medical negligence claim, you will usually need to show that the care you received was below an acceptable professional standard and that this caused you harm or made your condition worse. A specialist solicitor can review your medical records and, where appropriate, obtain an independent medical expert's opinion.
