Surgical Negligence Claims

We understand the devastating impact that surgical negligence can have on your health and wellbeing. Our specialist Medical Negligence team can help you to understand your legal rights and pursue the compensation you deserve for your injuries.

Surgical Negligence Claims services

Medical Negligence arising from surgery

If you've suffered an injury or complication as a result of a surgical procedure, you may be entitled to make a medical negligence claim. Surgical procedures can often be complex and carry inherent risks, but when mistakes are made due to the negligence of medical professionals, patients may experience serious harm.

At Ellisons Solicitors, we understand the devastating impact that surgical negligence can have on your health and wellbeing. Our experienced solicitors can help you to understand your legal rights and pursue the compensation you deserve for your injuries.

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Lead contacts

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Mark Stafford-White

Associate Medical Negligence Solicitor

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Stevan Stratton

Partner, Solicitor & Head of Injury Services

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Surgical Negligence Claims services

Types of surgical negligence claims

There are many different types of surgical negligence claims, including:

Wrong site surgery - this occurs when a surgeon operates on the wrong part of the body, or even the wrong patient.
Inadequate consent - if a surgeon fails to fully explain the risks and benefits of a procedure, offer any alternate treatment options, or obtain proper consent, a patient may be able to make a claim for medical negligence if they suffer an injury as a result of the procedure.
Surgical errors - mistakes can happen during surgery, such as punctured organs or blood vessels, which can lead to serious complications.
Post-operative complications - if a patient experiences complications after a surgery, and it's found that proper medical care was not provided, it may be possible to make a medical negligence claim.

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Surgical Negligence Claims services

Making a surgical negligence claim

To make a claim arising from negligence during surgery, you will need to prove that the medical professional responsible for your care failed to provide an acceptable level of care, and that this directly caused your injury or complication. This can be a difficult process, which is why it's important to seek legal advice from a specialist medical negligence solicitor.

At Ellisons Solicitors, we offer a free initial consultation to discuss your case and assess whether you have a valid claim. If we believe you have a strong case, we can work on a no win, no fee basis, which means you won’t have to pay any legal fees unless we are successfully in securing compensation for your injuries.

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Frequently asked questions

Common questions about what we offer

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Surgical negligence claims arise when errors made before, during, or after an operation cause avoidable harm to a patient. Common examples include performing the wrong procedure, operating on the incorrect body part, leaving surgical instruments or swabs inside the body, or accidentally severing nerves and internal organs. Claims can also stem from inadequate preoperative consent – such as failing to warn a patient of known surgical risks – or poor postoperative care that leads to undetected infections or internal bleeding. Our medical negligence solicitors review surgical notes alongside independent medical experts to determine if your care fell below expected professional standards.

To succeed in a surgical error claim, you must satisfy two legal requirements: breach of duty and causation. Breach of duty involves proving that the surgeon or surgical team made an error that no reasonably competent medical professional would have made in the same situation. Causation requires showing that this specific mistake directly caused physical injury, secondary health problems, or a longer recovery period that would otherwise have been avoided. Our specialist team works with experienced surgical consultants to analyse medical records and establish a clear, evidence-based case on your behalf.

Compensation for surgical negligence covers general damages for physical pain, scarring, and psychological distress, as well as special damages for financial losses. This includes lost earnings during recovery, reduced future earning capacity, private corrective surgery, physiotherapy, mobility aids, and long-term care costs. We handle surgical negligence claims under a Conditional Fee Agreement (No Win No Fee), meaning there are no upfront legal fees to pay and no financial risk if your claim is unsuccessful. Where liability is admitted early by an NHS Trust or private provider, we can also seek interim payments to cover immediate treatment or care needs.

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