Surgical error compensation claims

If you think you may have grounds to make a surgical error claim, you will need specialist legal advice from an expert medical negligence solicitor before suing a surgeon.

Making a surgical error compensation claim

There are a number of circumstances that may mean you are able to make a surgical error claim for compensation. Some examples of circumstances where Blackwater Law medical negligence solicitors may be able to assist you in claiming compensation include:

  • You or a loved one have undergone surgery unnecessarily.
  • Mistakes were made during your surgical procedure which has caused further suffering, required further surgery to undo or repair these mistakes, or impacted your health and well-being.
  • Your surgery was unreasonably delayed causing you extended pain and suffering or reducing the successfulness of the surgery once it was finally carried out.
  • Surgery was undertaken on the wrong part of your body, i.e. for example the wrong knee. This is known as a ‘Never Event’ because it should never happen, but it does.
  • During surgery, a piece of medical apparatus was left inside your body by doctors by mistake. It may be some time before this was realised. In other cases, this will cause significant discomfort and it will be clear something is wrong very quickly. Examples of apparatus that might be left inside a patient’s body by mistake include mesh, clips, tongs and scissors.
  • You or your loved one developed an infection during or after surgery. While any kind of surgery is not without risk, doctors, surgeons and nurses should identify and manage infection risk. Where an infection does develop, this should be diagnosed promptly and appropriate treatment provided. These surgical error claims may be linked to a general hospital negligence claim or misdiagnosis claim where an infection goes undiagnosed or there is a delayed diagnosis.
  • In the case of cosmetic surgery compensation claims, you may be able to claim compensation where there are issues around informed consent and if you were not appropriately aware of the risks of the cosmetic procedure.


  • Recognised medical negligence specialists
  • No win, no fee claims
  • Expert legal advice & representation
Get expert legal advice

Call today and speak to Kamila Jaskula, specialist medical negligence solicitor. Find out if you can claim compensation.

CALL 0800 083 5500

Specialist surgical error claim solicitors

Blackwater Law medical negligence solicitors are experienced in dealing with a wide range of surgical error claims. Our team is independently recognised and ranked as one of the leading teams of clinical negligence lawyers in the country, based in the South East. Our team’s reputation and experience mean that they advise and represent clients across the country in claiming compensation for surgical mistakes.

The independent recognition of our team’s experience means that you can be certain when you ask for advice, guidance and representation from Blackwater Law, that you will be getting some of the best legal advice in relation to your misdiagnosis claim that is available.

Head of Medical negligence Jason Brady secured a £40,000 settlement for their client Mrs L, after suffering chronic pain following back surgery.

back surgery

No win, no fee surgical error claims

When you call Blackwater Law we will quickly be able to tell you whether you may be entitled to make a claim for compensation. If we think the circumstances of your case mean there are grounds to claim surgical error compensation, we will agree to advise and represent you on a no-win, no-fee basis.  This means that you and your family face no risk when you decide to seek compensation with advice and representation from Blackwater Law.

Building you a strong surgical error compensation claim

When you seek legal advice and representation from Blackwater Law medical negligence solicitors, your solicitor and their colleagues will ensure the strongest possible claim for compensation is built-in support of your case. This ensures not only that your compensation claim has the best chance of being successful but that if it is, you will receive the maximum amount of compensation for the surgical error and mistakes that you suffered from.

There are several elements to building a strong claim for surgical error compensation. These include expert legal advice from your clinical negligence solicitor. Your solicitor will need an acute understanding not only of the law surrounding medical negligence and patient care but also of medicine and medical practice.

Medical experts and reports

The second element of your strong compensation claim is medical evidence. In building your compensation claim, your Blackwater Law clinical negligence lawyer will instruct appropriate medical experts to review your medical records, maybe assess you in person and report on the case, your surgical procedure and the result of this.

These clinical experts will identify if and where mistakes were made by your surgeon. Importantly they will comment on whether these mistakes would and could have been made by a reasonable surgeon or whether the error could and should have been avoided by your surgeon. These medical reports, of which there could be several, from different medical experts specialising in different areas, will be crucial to your surgical error claim being successful.

Blackwater Law deals with a large number of serious clinical negligence cases and as such has built a national network of leading, specialist medical experts who the team at Blackwater Law utilise in strengthening your case. The importance of this network of medical experts and their reports on your surgical error claim can not be overstated. Your compensation claim would likely be unsuccessful without this medical evidence or would be settled for a significantly smaller compensation amount.


The third element of a strong medical negligence claim is your solicitor’s ability to negotiate with the defendant/s in your case. In many cases, particularly those where your surgery was carried out by the NHS, the defendant will be the NHS Litigation Authority (NHSLA). This is the organisation responsible for defending the NHS in medical negligence claims. Blackwater Law is very experienced in dealing with the NHSLA due to the number of medical negligence claims our team deals with every year.

Your medical negligence lawyer will be experienced in the arguments the NHSLA are likely to put forward in an attempt to deny liability and defend your claim, in an attempt not to pay you the compensation you deserve.

Who will my surgical error claim be against?

If your surgery was undertaken by an NHS hospital, your claim will most likely be against the NHS Trust responsible for the management of the hospital that you attended. If it was an operation that was conducted by a private medical service provider, your surgical error claim would most likely be against the private company providing the services. This would be the case with cosmetic surgery procedures. It is rare that you would be suing a surgeon as an individual representing themselves. Rather you are suing the organisation that employs the surgeon.

How much compensation might I get?

The greater the pain, suffering and implications for your health caused by the surgical error, the more you are likely to receive in compensation for the negligence. However, each clinical negligence case is unique and so an estimate would not be able to be given until investigations have been undertaken by your solicitor at Blackwater Law. However, factors other than pain and suffering will also be considered by your solicitor. These include the extent to which your injuries caused by the surgical error prevent you from returning to work, or whether you have to return to lower-paid work. Also, whether your injuries are so serious that you now require professional care to assist you in living every day. Compensation for these losses and to provide for professional care may be able to be included in your surgery error claim.

How long will my surgical error claim take?

Due to the circumstances of every compensation case being different and some being more complex than others, involving different injuries, different defendants and different medical evidence it is not possible to say how long your case would take to settle. You can however discuss timelines for how your case would proceed with a solicitor at Blackwater Law when you call us for free initial advice and to find out whether you may be able to commence a claim for compensation.

Free initial advice on surgical error claims

Call Blackwater Law today to get free initial advice from a specialist medical negligence solicitor experienced in representing clients in making surgical error claims for compensation. If we agree to act for your bringing a compensation claim, this will be on a no-win, no-fee basis.

Get expert legal advice

Call today and speak to Kamila Jaskula. Find out if you can claim compensation.

CALL 0800 083 5500

Blackwater Law testimonial

I want to thank you for all that you have done for me. I am very grateful to you and your team. Thank you again.

Mrs Wood, Blackwater Law Client


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