Experienced Surgical Negligence Solicitors
When you undergo surgery, whether in an NHS hospital, private clinic, or treatment centre, you have the right to expect competent care and proper medical standards. If surgical negligence has left you suffering from complications, disability, or ongoing health issues, you deserve answers and compensation.
At Garrats, our specialist surgical negligence team brings over 30 years of experience to every case. We understand the physical pain, emotional distress and financial burden that surgical mistakes can cause.
For a free, confidential, and no-obligation consultation, call us on 0161 665 3502, send an email to [email protected] or complete our contact form.
What are surgical errors?
Not all surgical complications constitute negligence. Surgery inherently carries risks, and when these risks are properly explained to you before your procedure, and you choose to proceed, unfortunate outcomes may occur without anyone being at fault. This is a fundamental principle of informed consent in medical practice.
However, surgical negligence occurs when the care you receive falls below accepted medical standards. This might happen when risks are not adequately explained, when your surgeon fails to perform the procedure with reasonable care and skill, or when proper protocols are not followed.
The key question in any surgical error claim is whether a competent surgeon, acting with reasonable care, would have acted differently in the same circumstances.
Surgical negligence can manifest in various ways. Sometimes it involves technical errors during the operation itself, such as damage to surrounding organs or tissues that should have been avoided.
In other cases, negligence may occur in the planning stages, such as failing to properly assess your suitability for surgery or not identifying important risk factors. Post-operative negligence is equally serious and might include failure to monitor for complications, inadequate infection control, or a delayed response to warning signs.
Understanding whether you have a valid surgical negligence claim requires careful examination of your medical records and often involves obtaining expert medical opinions.
Types of Surgical Negligence Claims
Our experienced team handles a comprehensive range of surgical negligence claims, each requiring specialist knowledge and a detailed understanding of medical procedures and standards.
Consent-related claims form a significant portion of our caseload. True informed consent requires more than simply signing a form. Your surgeon must ensure you understand:
- The nature and purpose of the procedure
- All significant risks and potential complications
- Available alternative treatments or the option not to proceed
- The likely outcomes and recovery process
When surgeons downplay serious risks or fail to discuss viable alternatives, patients cannot make truly informed decisions about their care. We have successfully represented clients who underwent unnecessary procedures or suffered complications they were not warned about.
Technical surgical errors represent perhaps the most obvious form of surgical negligence. Common examples include:
- Damage to healthy organs or surrounding tissues during procedures
- Nerve damage causing numbness, paralysis, or chronic pain
- Wrong site surgery - operating on the wrong body part or wrong side
- Retained foreign objects such as surgical instruments, swabs, or needles
- Excessive bleeding due to damage to blood vessels
- Anaesthetic errors leading to awareness during surgery or overdose
We also have experience with keyhole surgery claims, where errors can lead to serious internal injuries that might not be immediately apparent, including punctured organs or internal bleeding.
Equipment and hygiene failures constitute another critical category of surgical error claims. These cases often involve:
- Hospital-acquired infections such as MRSA, C. difficile, or sepsis
- Use of non-sterile or contaminated surgical instruments
- Equipment malfunction during procedures
- Inadequate sterilisation procedures
- Poor wound care leading to infection
Post-operative negligence can be just as damaging as errors during surgery itself. Key areas of concern include:
- Failure to monitor vital signs or recovery progress
- Delayed diagnosis of post-surgical complications
- Inadequate pain management
- Premature discharge without proper assessment
- Poor communication between medical teams
- Failure to provide proper aftercare instructions
The Claims Process
Making a surgical compensation claim might seem daunting, particularly when you are dealing with the physical and emotional aftermath of surgical negligence. At Garratts, we strive to make the process as straightforward and stress-free as possible, guiding you through each stage with clarity and compassion.
Initial Consultation
Your journey begins with a free, no-obligation consultation where we:
- Listen carefully to your experience and concerns
- Review any documentation you have already gathered
- Provide an honest assessment of your case strength
- Explain our No Win No Fee arrangements clearly
- Answer all your questions about the claims process
- Discuss realistic timelines and potential outcomes
Investigation Phase
Once you instruct us, we begin a thorough investigation:
- Obtaining your complete medical records from all relevant healthcare providers
- Identifying and instructing independent medical experts in the relevant surgical speciality
- Reviewing operation notes, consent forms, and clinical documentation
- Gathering witness statements where appropriate
- Assessing the full impact on your life, including future care needs
Expert Medical Assessment
Our carefully selected medical experts will:
- Examine whether your care met acceptable medical standards
- Consider what a competent surgeon would have done differently
- Assess whether the negligence caused or contributed to your injuries
- Provide detailed reports supporting your claim
Negotiation and Resolution
Throughout this process, we will:
- Maintain regular communication with you about case developments
- Handle all correspondence with healthcare providers and insurers
- Work diligently to secure a fair settlement without court proceedings
- Keep you fully informed of all settlement offers and our recommendations
- Ensure you have time to consider all options without pressure
If litigation becomes necessary, you can be confident in our extensive courtroom experience and our commitment to achieving the best possible outcome for your case.
The timeline for surgical negligence claims varies depending on the complexity and whether liability is disputed. Some cases resolve within months while others may take several years. We will provide realistic timeframes based on the specific circumstances of your case and keep you informed throughout.
Frequently Asked Questions
Q1: How long do I have to make a surgical negligence claim?
A: In most cases, you have three years from the date of the negligent surgery or from when you first became aware that your injury was caused by negligence. However, there are exceptions to this rule. If you lack mental capacity, there may be no time limit.
For children, the three-year period does not begin until their 18th birthday. We always recommend seeking legal advice as soon as possible, as gathering evidence becomes more difficult over time.
Q2: What if I signed a consent form before my surgery?
A: Signing a consent form does not prevent you from making a surgical negligence claim. Consent forms acknowledge that you understand the inherent risks of surgery, but they do not absolve medical professionals from their duty to perform surgery competently.
If your surgeon was negligent in their technique, failed to explain significant risks, or did not discuss alternative treatments, you may still have a valid claim despite having signed consent documentation.
Q3: Will I have to pay anything if my surgical error claim is unsuccessful?
A: No. We handle the vast majority of our surgical negligence claims under No Win No Fee agreements. This means that if your claim is unsuccessful, you will not pay our legal fees.
We will explain exactly how this works during your initial consultation, including discussing insurance options to protect you from any potential liability for the other side's costs. You can pursue your claim with complete financial peace of mind.
Q4: What evidence do I need to prove surgical negligence?
A: The primary evidence comes from your medical records, which we will obtain on your behalf. These include operation notes, consent forms, pre and post-operative assessments, and nursing observations.
Photographs of injuries or scarring can be helpful, as can any correspondence with the hospital. You do not need to prove negligence yourself; that is our job. We work with medical experts who will review your records and provide opinions on whether your care was substandard.
Q5: Can I claim for surgery in a private hospital?
A: Yes, absolutely. Whether your surgery took place in an NHS hospital, private hospital, or semi-private treatment centre, the same standards of care apply. Private surgeons and hospitals must carry insurance to cover negligence claims. In fact, the claims process for private treatment is often more straightforward as private providers typically have comprehensive insurance policies in place. We have extensive experience handling claims against both NHS trusts and private healthcare providers.
