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Mistakes made during an operation can leave you with unnecessary pain and suffering. If you’ve suffered due to surgical negligence our lawyers could help you claim compensation from the NHS, private hospitals or clinics.

What Constitutes Surgical Negligence?

Surgical negligence happens when surgeons or other medical professionals make mistakes during your operation leaving you with further problems or injuries. Your surgery and care should meet certain clinical standards, but sometimes mistakes are made.

We could help you make a claim if your surgeon or medical professional:

  • Performed the wrong operation or operated on the wrong body part
  • Left foreign objects in the body
  • Caused infection from poor hygiene
  • Didn’t inform you about the risks of surgery or check your suitability for surgery
  • Injected too much/little anaesthetic
  • Caused nerve damage or injury to your organs.

If you’ve suffered an injury from an operation then you could make a claim. Contact our solicitors today on 0800 121 6567 or contact us online.

Can I Claim Compensation For A Surgical Error?

If mistakes were made during your operation, you could be able to claim compensation. To make a claim, you’ll need to prove your surgeon or medical professional didn’t meet certain standards, and that this caused you injury.

You could make a claim for yourself or on behalf of a loved one who can’t claim themselves (for example a child or someone without the mental capacity).

What Are The Time Limits For Making A Surgical Negligence Claim?

You’ll normally have three years to make a claim, either from the date of your surgery or from when you discovered surgical negligence caused your injury. However, there are some exceptions to this rule:

  • Claims on behalf of children – these can be made any time before your child is 18. Once they’re 18 they can make their own claim until they are 21
  • Mental capacity – there are no time limits to make a claim on behalf of someone who doesn’t have the mental capacity to claim themselves.

If you or a loved one has suffered from surgical negligence it’s best to contact a legal expert as soon as possible. This will make it easier to gather evidence in support of your claim.

Can I Make A No Win No Fee Surgical Negligence Claim?

Most of the cases we handle are funded using a No Win No Fee Agreements. This means there’s no financial risk* to you when making a claim. You’ll only have to pay anything if your claim is successful - your opponent will pay most of our fees.

Why Choose Us?

Our solicitors help many people claim for surgical negligence. We understand the issues you may be facing and our team will work hard to get a positive outcome for you and your family.

Throughout your claim, our Support and Rehabilitation team will ensure your medical care and rehabilitation needs are met. They’ll guide you through the claims process and be on hand to help you and your family with any support you need.

Contact Us

For a free initial consultation about your surgical negligence claim, call us on 0800 121 6567 or contact us online.

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

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Julie Lewis Partner Meet our experts

Surgery Negligence Claims - More Information

Stephen Onley quote image

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

Client Story – Stephen Onley

Stephen's Story Stephen Onley

Going into hospital for a routine operation is normally a straight forward procedure, but unfortunately there are instances when such operations can go wrong. Social worker Stephen Onley was left paralysed after doctors failed to monitor him correctly following a routine hip operation in 2010.

Following the surgery, Stephen suffered a severe drop in blood pressure that was not detected, even though the doctors caring for him would have been well aware that this was possible. By the following day, Stephen’s blood pressure had fallen dangerously low, resulting in a lack of blood to his spinal cord, which caused irreparable damage.

Stephen is now permanently paralysed from the waist down and relies on a wheelchair. With our help, Stephen has been able to purchase a lightweight wheelchair to help getting around and has carers come to his home. Stephen also has access to a personal injury trust which we helped him set up to ensure that he has access to funds throughout his life.

Stephen Onley


"Irwin Mitchell was able to get me an interim payment to pay for home carers.”

Stephen Onley


“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 Onley

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Frequently Asked Questions

Who Can I Claim Against Following An Operation Gone Wrong?

We have the expertise to help you claim against the NHS, private hospitals or clinics. Sometimes, many people could be involved in your operation going wrong.

Our solicitors will make sure the correct people are held responsible so you can get the compensation you deserve.

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

What Constitutes Surgical 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.

How Long Do Surgical Compensation Claims Take?

We try to make every claim run as efficiently and smoothly as possible, getting the best outcome for you as soon we can. However, every claim is different and the time they take to settle will differ case-by-case.

Complex cases can take longer because we need to know the true consequences of your negligent treatment before your claim can be finalised. Because claims can take some time to settle we can try and get you early “interim” compensation payments to pay for care while your claim is ongoing (unfortunately this is only possible if your opponent has accepted responsibility early on).

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

Read More FAQs

Related Information - Surgery Claims

Spinal Surgery Claims - we can help if you’ve suffered a life-changing spinal injury due to negligent surgery
Vaccine Damage Payment - our factsheet provides information on this one-off payment if you've suffered serious injury following a vaccine
Rehabilitation - discover how compensation can help with your rehabilitation
Support and Rehabilitation Coordinators - our Support and Rehabilitation team can help you access a variety of care and support services

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

*To make a No Win No Fee claim, you need to enter into an agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

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.

The Times Best Law Firms 2019
Chambers & Partners 2020 logo
First class
First class in every respect and definitely recommendable."
Legal 500, 2020
Fearless and pragmatic
The firm has strength and expertise in depth and is fearless and pragmatic in bringing claims to court."
Chambers & Partners, 2020

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I am very pleased with the help I received from Irwin Mitchell.

Everything was explained to me quite clearly before they took on my case, and because they were confident that I had a case, I felt confident that they would…

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The service I received from Irwin Mitchell was impeccable. I was carried along from start to finish. Claire King was amazingly awesome. All the Customer Service Representatives was absolutely polite and professional…


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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.

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Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

We have offices around the UK so wherever you are, our experts can help.

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