When a surgical error occurs, the consequences can be devastating. In the most serious cases, surgical negligence can lead to permanent injury or even death. One of the most well-known examples occurred in January 2000 at Prince Philip Hospital in Llanelli, where a surgeon mistakenly removed a patient’s healthy kidney instead of the diseased one.
More recently, NHS data shows that between April 2015 and September 2023, preventable surgical errors continued to occur. These incidents include wrong-site surgery, surgical instruments left inside patients, and operations performed on the wrong patient or body part. Reported cases include a child’s eyes being mistakenly stitched and a two-year-old left with surgical clips inside her chest following heart surgery.
Although all surgery carries some degree of risk, patients are entitled to safe treatment and clear information about potential complications. While some adverse outcomes are unavoidable, others may arise because of a surgical error and could amount to medical negligence.
Bleeding during surgery can be a recognised risk. However, if excessive bleeding occurs because a surgeon damaged a major blood vessel, this may indicate negligence. A competent surgeon is expected to understand anatomy and use appropriate techniques to avoid such injury.
Similarly, bile leaks are a known risk of gallbladder surgery. Even so, surgeons must carefully inspect the surgical area before closing the wound. Failure to identify and address bleeding or bile leaks during surgery can result in serious complications and may constitute a breach of duty.
Damage to internal organs can occur during abdominal surgery, including procedures such as hysterectomies or hernia repairs. Injuries to organs like the bladder or urethra should be identified and repaired before the operation ends. If such injuries are only discovered after surgery, this may indicate negligent care.
In hernia repair cases, an early recurrence of the hernia may also raise concerns about whether the initial surgery was performed to an acceptable standard.
Strict counting procedures must be followed during surgery to ensure that all equipment and swabs are accounted for. Leaving any object inside a patient’s body is considered a serious breach of duty and can lead to infection, pain, and further surgery. These incidents are often classified as “Never Events”.
During procedures such as hip replacement surgery, surgeons must select prostheses that are the correct size and properly positioned. Using incompatible components or placing a prosthesis incorrectly can result in pain, instability, and the need for revision surgery. In many cases, this may amount to negligence.
Choosing the wrong surgical approach can also lead to negligent outcomes. For example, attempting keyhole surgery in a patient with extensive adhesions may increase the risk of complications due to poor visibility. If bleeding or organ damage occurs and is not identified during the operation, this may indicate a failure to meet the required standard of care.
Misdiagnosis can sometimes result in patients undergoing unnecessary surgery. If a procedure was not clinically required and caused harm, this may form the basis of a medical negligence claim.
In some cases, post-operative complications such as internal bleeding require emergency corrective surgery. This can lead to additional scarring, prolonged recovery, and further trauma. Surgeons also have a duty of candour, meaning they must inform patients when errors occur and explain what went wrong.
If you have experienced complications following surgery, it is important to seek legal advice to determine whether those complications resulted from a surgical error.
To pursue compensation for a surgical error, two key elements must be proven: breach of duty and causation.
First, it must be shown that the surgeon’s care fell below the standard expected of a reasonably competent surgeon. Importantly, trainee surgeons are held to the same standard as experienced consultants.
Second, you must establish that the breach of duty caused your injury. This requires a clear link between the negligent act or omission and the harm suffered.
To assess this, solicitors usually obtain a medical report from an independent expert surgeon working in the same specialty. This report addresses both breach of duty and causation.
If you have suffered harm due to a surgical error, you may be entitled to compensation for pain, suffering, and loss of amenity. You can also claim for the cost of further medical treatment, including private surgery if required.
Where additional surgery has caused significant scarring, compensation may include the cost of cosmetic or plastic surgery. Claims can also cover financial losses such as loss of earnings, travel expenses, and care costs.
Your solicitor will advise you on all available heads of loss based on your individual circumstances.
If a loved one has died due to a surgical error, the estate may bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934. This allows recovery for the pain and suffering experienced before death, as well as expenses incurred.
In addition, dependants may bring a claim under the Fatal Accidents Act for loss of financial support, services, and, in some cases, a bereavement award. Eligible claimants may include spouses, long-term partners, and dependent children.
Most clinical negligence claims are subject to a three-year limitation period. This usually runs from the date of surgery or from the date you became aware that your injury was caused by negligence.
Importantly, making a complaint to PALS or the Ombudsman does not stop the limitation clock. If court proceedings are not issued within the three-year period, the claim may be barred.
In limited circumstances, the court may exercise discretion under section 33 of the Limitation Act to allow a claim to proceed out of time. A solicitor can advise whether this may apply to your case.
For NHS treatment, the defendant is usually the NHS Trust responsible for the hospital. For private surgery, the claim may be against the surgeon personally or the private hospital provider.
Where the NHS arranges treatment at a private hospital, the NHS may still retain liability for any negligent care provided.
If you have suffered an injury due to a surgical error, or if a family member has died as a result of negligent surgery, our experienced Medical Negligence Solicitors can advise you on whether you have a claim.
We offer free, no-obligation initial advice and will guide you through every stage of the process with care and clarity.
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