What is Surgical Negligence?
Surgical negligence can occur when the care provided before, during or after an operation falls below the standard that could reasonably be expected, and this causes avoidable harm.
Not every poor outcome after surgery means negligence has occurred. Operations carry recognised risks, and these should usually be explained to you before you give consent. However, where an injury happens because of an avoidable surgical mistake, poor planning, inadequate aftercare, or a failure to respond properly to complications, you may have grounds to make a surgical negligence claim.
Our team can help investigate what happened, obtain expert medical evidence, and advise you on whether the care you received was reasonable. We can also help you understand issues such as breach of duty, causation, time limits, the potential value of a claim, and the range of evidence that may be required.
Examples of Surgical Error Claims
Surgical error claims can arise in many different circumstances. These may include:
- Operating on the wrong part of the body
- Performing the wrong procedure
- Injuring internal organs, nerves, blood vessels or tissue during surgery
- Leaving surgical instruments, swabs or other foreign objects inside the body
- Failing to obtain informed consent before surgery
- Failing to explain the risks of an operation properly
- Avoidable infection following surgery
- Poor post-operative care or monitoring
- Failure to identify or treat complications after surgery
- Unnecessary surgery
- Delay in carrying out surgery, where this causes avoidable harm
- Anaesthetic errors linked to surgical treatment
Surgical negligence may happen in NHS hospitals, private hospitals, clinics or other healthcare settings. Wherever your treatment took place, our solicitors can help you understand the next steps.
Can I Make a Surgical Negligence Claim?
You may be able to make a claim if you can show that:
- The treatment you received fell below an acceptable standard of care; and
- This caused you harm, injury, further illness, delayed recovery or financial loss.
This is often complex. Medical records need to be reviewed carefully, and independent medical expert evidence is usually required. Our role is to investigate the circumstances fully and provide clear, practical guidance at each stage.
In a surgical negligence operation claim, it is not enough to show that a surgical mistake happened or that something went wrong. It must usually be shown that the care fell below the expected standard and that this caused injury, loss or a worse outcome.
You may be able to claim for the physical and psychological impact of the injury, as well as financial losses such as loss of earnings, care costs, rehabilitation, travel expenses, and the cost of further treatment where appropriate.
Compensation can include money for pain and suffering, as well as financial support for practical losses which may help with recovery, care, rehabilitation, lost income, and the needs of your family.
Common types of surgical negligence
Wrong-site surgery
Wrong-site surgery happens when an operation is carried out on the wrong part of the body. This is a serious error and may lead to unnecessary pain, further treatment, permanent injury, and significant psychological distress.
Delayed treatment after complications
Prompt action is often essential after surgery. If complications such as infection, internal bleeding, sepsis or organ injury are not recognised or treated quickly, a patient’s condition can deteriorate significantly.
Unnecessary surgery
In some cases, a patient may undergo an operation that was not required or was not clinically justified. If you were not properly advised about alternatives, risks or the need for the procedure, you may be able to seek advice about a claim.
This can be particularly distressing where a woman, child, mother or other family member has gone through surgery that may not have been necessary, or where the risks were not properly explained.
Nerve damage during surgery
Some procedures carry a known risk of nerve injury. However, where nerve damage occurs because of avoidable error or poor surgical technique, it may be possible to bring a claim.
Nerve damage can affect movement, sensation, strength or balance. Some people experience pain, numbness or weakness in their hands, legs or feet, depending on the nature of the injury.
Poor consent process
Before surgery, you should be given clear information about the risks, benefits and alternatives, so that you can make an informed decision. If this did not happen, and you suffered harm as a result, our surgical negligence solicitors can advise you.
How Long Do I Have to Make a Surgical Negligence Claim?
In most medical negligence cases, there is a three-year time limit. This usually runs from the date the negligence occurred, or from the date, in the courts assessment, that you could have reasonably become, aware that your injury may have been caused by negligent treatment.
There are exceptions. Different rules may apply for children or adults who are unable to manage their own legal affairs. Because time limits can be complex, it is important to seek advice as early as possible.
In Scotland, where a claim involves a child, the time limit is usually calculated differently, beginning on their 16th birthday and expiring on their 19th birthday.
Where negligence has resulted in death, a family member may be able to seek legal advice on whether a claim can be pursued on behalf of the deceased’s estate or by eligible relatives affected by the loss. In most cases, the three-year limitation period begins from the date of death.
How We Can Help
At Drummond Miller, we know that making a medical negligence claim can feel daunting. You may still be recovering, coping with pain, or trying to understand why your treatment did not go as expected.
Our team will take the time to understand your experience and explain the process clearly. We can:
- Review your circumstances and advise whether you may have a potential claim
- Offer a free initial consultation by telephone so you can talk through your concerns
- Obtain and examine your medical records
- Instruct independent medical experts where required
- Assess the impact of the injury on your health, work and daily life
- Seek compensation where negligence has caused avoidable harm
- Keep you informed and supported throughout the process
- Explain fee arrangements clearly, including any available funding options
- Help you understand whether settlement, mediation or court proceedings may be relevant in your case
We combine legal expertise with a caring, respectful approach. Our aim is to help you move forward with confidence.
In many cases, claims are resolved through negotiation and settlement rather than going to court. However, where court proceedings are required, we will explain each stage carefully and keep in touch so you know what to expect.
Frequently Asked Questions
Surgical negligence claims are legal claims brought when a patient has suffered avoidable harm because the standard of surgical care fell below what could reasonably be expected.
These claims may involve errors before, during or after an operation. They can include surgical mistakes, poor post-operative care, a failure to obtain informed consent, or a failure to respond to complications.
Some complications are recognised risks of surgery and can happen even when care is appropriate. A claim may be possible where the harm was caused by avoidable error, poor care, inadequate consent, or a failure to respond properly to complications.
Medical records, expert medical opinion, witness evidence and details of the impact on your life may all be important. Our solicitors can help gather and assess the evidence needed.
Additional evidence may include:
- Independent medical expert reports
- Witness statements
- Photographs of injuries
- Details of financial losses
- Records of further treatment or rehabilitation
- Correspondence with the hospital or private clinic
Yes. Surgical negligence claims can relate to treatment provided by the NHS or by private healthcare providers.
Private treatment may include orthopaedic procedures, cataract surgery, keyhole surgery or general surgery. The key issue is whether the care fell below the standard expected and caused avoidable harm.
Yes. You may be able to bring a surgical negligence claim if negligent treatment at an NHS hospital caused you avoidable harm.
Our surgical negligence solicitors can explain the appropriate route for your circumstances.
A breach of duty means that the care provided fell below the standard expected of an ordinarily competent medical professional exercising reasonable skill and care in that field.
In surgical negligence claims, this may involve the actions of a surgeon, anaesthetist, nurse, orthopaedic surgeon or another member of the medical team. It is also necessary to show that the breach caused harm.
The value of a surgical negligence claim depends on the severity of the injury, the effect on your life, your recovery, any financial losses, and future care or treatment needs. We can advise once we understand the details of your case.
There is no single figure that applies to every claim. The potential settlement will depend on the evidence, the long-term effect of the injury, the level of support needed, and any money lost because of the negligence.
Timescales vary depending on the complexity of the case, whether fault is admitted, and the medical evidence required. We will explain the likely process and keep you updated throughout.
Why choose Drummond Miller?
Drummond Miller has extensive experience in medical negligence claims, including complex surgical error claims. Our solicitors understand the medical, legal and personal issues involved in these cases.
Clients choose us because we offer:
- Specialist medical negligence expertise
- Clear, honest and practical communication
- A careful and thorough approach to investigation
- Supportive guidance throughout the claims process
- A team-based approach focused on achieving the best possible outcome
We have offices in Bathgate, Bearsden, Bishopbriggs, Dalkeith, East Kilbride, Edinburgh, Glasgow and Musselburgh, and we support clients across Scotland.
When you contact us, we will listen carefully and treat your concerns with sensitivity.
We understand that some clients are looking for compensation, while others also want answers, accountability, or an apology. Whatever your priorities, we will help you understand your options.
Speak to Our Surgical Negligence Solicitors
If you believe you or a loved one has suffered because of a surgical error, our medical negligence team is here to help.
Contact Drummond Miller today to speak to one of our experienced surgical negligence solicitors. Alternatively, fill out the contact form below and a member of our team will be in touch.
- Call us on 0131 226 5151