Surgical negligence claims in England can get compensation for the effects of the medical negligence on your life. If you have suffered medical negligence before, during or after surgery, you may have a surgical negligence compensation claim.

Surgical negligence claims solicitors in England know how to fight a medical negligence claim. Our medical negligence legal experts in Cheltenham will use their experience to fight for the compensation you deserve.

A surgeon owes you a duty of care. If they breach that duty of care, causing you a personal injury, you may have a medical negligence claim.

Ross Aldridge No Win No Fee medical negligence solicitors will make your compensation claim.

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What is surgical negligence?

Surgical negligence is when you suffer injury before, during or after surgery. The surgical negligence may impact your life, and you can claim compensation for the damages.

Surgical negligence is when a surgeon nicks a nerve during surgery or when the surgical team fails to fully inform you of all options before you consent to surgery. If the surgeon fails to prescribe antibiotics post-surgery, it may be surgical negligence.

Types of surgical error claims in England:

  • Wrong-site surgery
  • Anaesthetic errors in surgery
  • Damage to other organs during surgery
  • Retained surgical items
  • Infection post-surgery

According to NHS statistics, surgery waiting lists are at an all-time high, increasing the chances of surgical negligence. By August 2025, the number of people on NHS surgery waiting lists increased by 12,000 to 7.41 million. More than 190,000 people are waiting over 12 months for surgery, increasing the chances of needing invasive surgery and of surgical complications. Only 61% people identified as needing surgery have it within 18 weeks of diagnosis, way below international targets. 

Ross Aldridge Solicitors in Cheltenham know how to prove surgical negligence and be with you when making a No Win No Fee surgical negligence claim for compensation.

Expert advice for all personal injury queries!

Common Types of Surgical Negligence

Common types of surgical negligence in England range from the misdiagnosis of the need for surgery to avoidable internal injury during routine surgery.

The common surgical errors can cause unnecessary suffering, and you may have a compensation claim.

Common of surgical negligence claims:

Misdiagnosis before surgery is often a type of surgical error negligence. The surgeon or hospital consultant decides whether surgery is needed, even when a better alternative may be available.

Surgical negligence can also occur when the surgeon decides against surgery and recommends an alternative treatment that does not work.

A failure to operate can miss a case of appendicitis, or the negligence can happen when a surgeon opts for invasive surgery when keyhole surgery would be the better option. 

Wrong-site surgery may happen if the surgical team does not prepare fully or the surgeon does not follow NICE guidelines on avoiding surgical negligence.

Types of wrong-site surgery negligence claims:

  • The surgeon amputates the left leg instead of the right one
  • A surgeon operates on the right eye instead of the left one
  • Surgeon takes out the gallbladder of the wrong patient

Surgical negligence should not happen, and Ross Aldridge medical negligence solicitors can make a compensation claim if it happens to you.

Infection due to surgical negligence is a common type of medical negligence during surgery. The surgical team should perform surgery to the highest standards and avoid causing infection in patients.

Types of infection due to surgical negligence claims:

  • Surgeon fails to prescribe an antibiotic post-surgery
  • Poor quality post-operative care in the recovery ward
  • Poor hygiene standards spread infection to the patient

Surgical negligence should not happen, and Ross Aldridge Solicitors can make a surgical negligence compensation claim if it happens to you.

Retained surgical items negligence is when the surgeon leaves an item inside the patient during surgery.

The surgical team should count all items used and account for each item post-surgery.

Among the retained items seen in surgical negligence claims are:

  • Swabs, bandages and similar materials
  • Blades, screws, and other pieces of surgical items
  • Surgical tools such as callipers and scalpels

You can make a surgical negligence claim for the injury caused by retained surgical items in the body.

Internal injury due to surgical negligence can happen if the surgeon hurries through surgery or is tired when operating on a patient. It is surgical negligence if the surgeon does not operate under a full duty of care.

Internal injuries seen in surgical negligence claims:

  • Severed nerve during routine knee replacement surgery
  • Damage to reproductive organs during obstetric surgery
  • Surgeon nicks the bowel during exploratory surgery

NICE guidelines outline how surgery should be carried out and when a surgeon should not operate on a patient. A breach of NICE guidelines may be medical negligence and lead to a compensation claim.

Ross Aldridge Solicitors in Cheltenham will work with you and advise you on making a compensation claim for the effects of surgical negligence on your life.

What can be the effects of surgical negligence?

The effects of surgical negligence range from infection post-surgery to permanent nerve damage due to errors during surgery. Some effects of surgery negligence can be minor, but they could still have an impact on your life today and in the future.

You are the one who is suffering from the effects of the medical negligence, and you are the one living with the long-term impact on your life. The effects of medical negligence may lead to difficulties finding employment and many years of additional medical bills and care costs.

Surgical negligence can lead to your condition worsening, infection and serious illness, and, in some cases, the death of a loved one.

The effects of surgical negligence can be:

  • Losing the wrong limb and having to live without it
  • Undergoing unnecessary surgery
  • Permanent damage to internal organs
  • Chronic pain from severed nerves
  • Delays in treatment for cancer and other severe conditions
  • Sepsis when an infection post-surgery goes untreated
  • Needing to spend more time in hospital
  • PTSD from having to undergo further surgery
  • Blindness from surgical negligence during necessary eye surgery
  • The death of a patient due to errors by the surgeon

Ross Aldridge Solicitors can make your surgical negligence claim and get you the compensation you deserve for the effects on your life.

Compensation in a Surgical Negligence Claim

Compensation in a surgical negligence claim in England can range in amounts from the low £10,000s to over £10 million in cases of severe injury or the death of a patient.

Any compensation for surgical negligence varies depending on how much discomfort and disruption you experience in your life today and in the future due to errors during surgery.

A medical negligence compensation claim can result in high awards, such as when a patient suffers unnecessary pain and discomfort due to errors during hospital treatment.

Compensation for surgery medical negligence can see claims of:

  • Unnecessary pain due to surgical negligence -£32,600
  • Needing to undergo further surgery due to medical negligence – £44,100
  • Infection and sepsis due to surgical negligence – £101,500
  • Loss of a limb due to wrong-site surgery – £115,810
  • Death of a patient due to surgical negligence – £210,840

(The figures given here are for General Damages, the pain, suffering, and loss of amenity following an injury before, during and after surgery. In the medical negligence injury claim, you may also receive compensation for any financial losses, the Special Damages you suffer due to the medical negligence.)

As in all medical negligence claims, each case is dealt with according to the facts and the details of the individual patient.

Ross Aldridge No Win No Fee medical negligence solicitors can advise on surgery negligence claims and can help you form a successful compensation claim.

What can you claim for in a Surgery Negligence Claim?

In a surgery negligence claim, you claim compensation for any damages that occurred while in hospital for surgery. You claim compensation for the injury due to the medical professional’s breach of duty of care.

There are two types of compensation damages due when claiming for any kind of surgical negligence: 

General Damages in a Surgical Negligence claim are for any pain, suffering and loss of amenity, PSLA, you have experienced due to the errors by the surgical team before, during and after surgery:

  • Pain is what you suffer above what would be a standard range of pain for the condition you have and for a person with your medical history.
  • Suffering is the unnecessary discomfort you experience after errors by the surgical team treating you.
  • Loss of Amenity is the difficulty in carrying out your everyday activities, such as walking, sitting, playing sports, and sleeping, after the surgery negligence.

 

Special Damages in a surgical negligence claim are for the loss of earnings and financial costs due to the medical negligence and other out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future. 
  • Financial costs are for any care you will need as a result of the medical negligence by the surgical team
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals.

You will need to keep all receipts for all expenses, such as payments for meals, any hotel stays and travel to and from medical appointments.

Your solicitor can make a compensation claim to cover all of your losses due to the cost and long-term care needs from the injury due to medical negligence.

When you or a loved one suffers due to surgical negligence, like when you are ill due to an undiagnosed infection post-surgery, you can claim medical negligence compensation. 

Make your Surgical Negligence claim today

Make your surgical negligence claim today by contacting Ross Aldridge Solicitors in Cheltenham.

We have the experience of working with claimants for medical negligence throughout southern England to get them the compensation they deserve.

You can claim if you suffered medical negligence before, during and after surgery in a NHS hospital in England.

Ross Aldridge Solicitors will fight the surgical medical negligence compensation claim on a No Win No Fee basis. You will not pay fees if you do not win compensation, and you will not be out of pocket at any stage.

Contact Ross Aldridge Solicitors in Cheltenham to start your surgical negligence compensation claim today.

Expert advice for all personal injury queries!

Surgical Negligence Frequently Asked Questions

You can make a claim for surgical negligence if you suffered the effects of medical negligence with your surgery.

You are the one who has the pain and may have to live with any long-term effects due to errors by the surgical team.

Yes, you can make a claim for surgical negligence for a loved one in England. When a patient cannot represent themselves or if they pass away, you may make a compensation claim on their behalf.

Loved ones in a medical negligence compensation claim are known as ‘dependents’ and can be:

  • A spouse or former spouse of the patient
  • Someone who lived with the patient for two years as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents 
  • Brothers, sisters, cousins, and other direct relatives

Yes, you can make a medical negligence claim against the NHS in England. When you are under the care of a surgical team in a NHS hospital, you expect a high standard of medical care before, during and after surgery.

NHS Resolution is the body responsible for handling surgical negligence claims against the NHS.

You can make the surgical negligence claim through NHS Resolution with the help of a good no win no fee medical negligence solicitor.

You have three years to make a surgical negligence claim in England, but the sooner you make the claim, the easier it can be to gather all the evidence and to get your first-hand account.

In England, medical negligence cases must generally be brought and court proceedings issued within three years of the injury.

You can claim only after three years if you discover the injury due to medical negligence at a later date.

You do not need a medical negligence solicitor, but using a No Win No Fee medical negligence solicitor may be the only way to a successful compensation claim.

The best medical negligence solicitors have experience with NHS Resolution when handling surgical negligence claims.

An experienced medical negligence solicitor will know how to make a claim and how to get medical negligence compensation.

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