Medical Negligence Claims

Surgery Compensation Claims

Most people find having to undergo surgery stressful, but when mistakes are made you can be left with unnecessary pain and suffering which can have a huge impact on your life.

If this has happened to you, our surgical negligence lawyers are here to help. We’ve helped thousands of people to claim compensation after surgical errors and are renowned for our sensitive and understanding approach. Our team includes some of the leading medical negligence lawyers in the UK so we know exactly how to approach your case to get the best possible result.

We could help you make a compensation claim if your surgeon made errors during a range of surgeries, including:

We also accept surgical negligence cases on a No Win No Fee basis* which means that even if your case is unsuccessful, you won’t have to pay any legal fees.

If you’ve suffered due to mistakes made during surgery, you should speak to a legal expert as soon as possible.

By making a claim, we could get you funds which can help you access the best private care and support, enabling you to make the best recovery possible.


No Win No Fee*
In-depth medical knowledge
Free initial consultation
Largest medical negligence department in the country

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Surgery Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your injuries. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • Can I Make A Claim On Behalf Of Someone Else?
    • In some circumstances you might be able to make a claim on behalf of someone else, including:

      • On behalf of a child who has experienced negligent surgery before their 18th birthday
      • For someone who doesn’t have the mental capacity to handle their own case
      • On behalf of a loved one who has unfortunately passed away

      If you’ve sadly lost a loved one in these circumstances, we can help you with:

      • Getting compensation for your loved one’s pain and suffering, to account for financial losses caused by the death and to cover funeral expenses
      • Representing you at inquest
      • Dependency claims – helping you secure inheritance that wasn’t left in your loved one’s Will
      • Getting you the answers and apology you deserve

      Our lawyers could also help you access a statutory bereavement award, a flat rate of currently £12,980 (payable by the defendant when a wrongful death has occurred). This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.

      To make a claim for someone who has passed away, you’ll normally have three years from the date of their death or three years from the point where surgical negligence was discovered.

    • What Are The Time Limits For Making A Claim?
    • You’ll normally have three years to make a claim, either from the date of the surgery or from the point where it was discovered that negligent treatment was responsible for your injuries. However, there are some exceptions to this rule:

      • If you suffered negligent surgery before you turned 18, you can make a claim for your accident up until your 21st birthday. Claims for children under 18 must be handled by an adult. These cases are subject to different time limits as growth can impact on your injuries which means working out how much compensation you need can take time.
      • If you need to claim on behalf of someone who doesn’t have mental capacity, the three year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.

      If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

    • Meet The Team
    • Our experienced team of lawyers understand that you’ll be going through a distressing and traumatic time and may be worried about your future, your long-term care or your financial security. Whatever your circumstances, we want to help you find out exactly what happened and why, securing the compensation you deserve to help you recover.

      With offices across the country, our solicitors will never be too far away from you. We have one the largest medical negligence teams in the UK made up of some of the country’s leading lawyers. Our experts don’t only handle compensation claims, but campaign to ensure patient safety. We support Action against Medical Accidents AvMA), a charity which supports those who’ve suffered as a consequence of medical accidents.

      View our surgical negligence experts.

      As a full-service law firm, we have a number of teams who’ll be able to support your claim, including:

      • Asset Management – to make sure you have access to funds throughout your life
      • Client Liaison Managers – to help you plan and access the best care and support
      • Court of Protection – this team can set-up personal injury trusts which can prevent your state benefits being influenced by your settlement
      • Wills – protect the future of your loved ones by setting up and updating your Will
      • Employment – to help with any issues that may have arisen by having time off

Over the last two and a half years, I couldn’t have got to where I am now without the support of Irwin Mitchell.”

Stephen, client
Stephen Onley quote image

Frequently Asked Questions

What Are The Risks Of Surgery?

Depending on the type of surgery you’re having, there are different risks involved. We can help you make a claim if you weren’t warned about the risks of your procedure or if your surgeon made an error which led to unnecessary pain and suffering.

Complications during the following types of surgery can include:

  • Amputations – heart complications, blood clots, infection, pneumonia, phantom limb pain, psychological problems
  • Anaesthetic – nerve damage, allergic reactions, death
  • Ear, nose and throat surgery – deafness, breathing difficulties, infection, excessive bleeding
  • Gastroenterological surgery - injuries to adjacent organs, infection, thrombosis, heart difficulties
  • Gynaecological surgery – excessive bleeding, deep vein thrombosis (blood clotting), injuries to other organs, infections, hernia
  • Heart surgery – excessive bleeding, damaged arteries, heart attacks, brain related problems, infection
  • Neurosurgery (brain) – bleeding in the brain, blood clotting, brain swelling, comas, impaired speech, vision and coordination, infection, seizures, stroke
  • Ophthalmological surgery (eye) – dry eyes, vision loss, visual symptoms (halos, glares, sensitivity)
  • Orthopaedic surgery – excessive bleeding, infection, inflammation, damage to nerves or spinal cord
  • Urological surgery – infection, injury to adjacent organs, urinary control issues (incontinence), erectile dysfunction
  • Vascular surgery – infection, bleedings, failed or blocked grafts, strokes, heart attacks, leg swelling, brain impairment, impotence

We’re here for you if you’ve suffered as a consequence of complications which were caused by medical mistakes. By making a compensation claim, you can secure funds to help with your rehabilitation, allowing you to make the best recovery possible.

To find out more about making a surgical negligence claim, contact us on 0800 121 6567.

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What Constitutes Negligence?

Unfortunately surgeons sometimes make mistakes during surgery meaning that your problem might not be corrected and you may actually be left with further injuries. We’re here to help if this has happened to you and can help you make a claim if your surgeon:

  • Performed the wrong operation
  • Operated on the wrong body part
  • Left foreign objects in the body
  • Caused infection from poor hygiene
  • Stitched the wound incorrectly
  • Didn’t check your suitability for surgery
  • Failed to provide post-operative advice
  • Didn’t inform you about the risks of surgery
  • Injected too much/little anaesthetic
  • Caused nerve damage
  • Injured nearby organs

Securing compensation can make a huge difference, allowing you to access private healthcare from specialists who can rectify any injuries your negligent surgery caused. Our medical negligence lawyers will listen to your needs, making sure we get the best outcome for you.

If you’re interested in making a claim, contact us today on 0800 121 6567.

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What Can Compensation Pay For?

Compensation can make a real difference to your life, ensuring that you can access the healthcare and support you need to make the best recovery you can. By making a claim with us, we can get you funds which can help pay for:

  • Private corrective surgery
  • Physiotherapy
  • Psychological therapy
  • Expenses (such as travel costs to hospital appointments)
  • Loss of income
  • Household adaptations

The amount of compensation you receive will depend on the severity of your injuries and the likelihood that you’ll make a full recovery. We’ll seek expert opinions on what care you’ll need and will make sure that the compensation you’ll receive can cover their suggestions.

If the medical professional or relevant organisation that performed your negligent surgery accepts responsibility for your negligence, we can help you get early compensation payments. Often known as interim payments, these funds will be taken from your final settlement and can help pay for ongoing care costs and expenses, before your claim has settled.

For more information on making a surgical negligence claim, don’t hesitate to contact our team on 0800 121 6567.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven occasions.
"'One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We campaign for patient safety and justice.

As well as securing compensation and rehabilitation for our clients, we also campaign for changes to patient safety by supporting Action against Medical Accidents (AvMA).

This UK charity provides advice and support to people who have suffered because of lapses in patient safety, working in partnership with health professionals, the government and the NHS to ensure that safety guidelines are followed.

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

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