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Where a patient is harmed by negligent handling of the diagnosis and consent processes, or their anaesthetic, surgical or surrounding healthcare management, they may be entitled to claim compensation.

Our experienced medical negligence solicitors have helped seriously injured clients recover compensation following negligent NHS and private surgical care for over 30 years.

What is surgery?

Surgery or a surgical procedure (operation) is a medical treatment in which instruments are used to remove or repair a damaged or diseased part of the body. Operations often involve the surgeon making an incision (cut), suturing (stitching) or physically manipulating parts of the body. They can involve fixing or grafting, removing, tying (ligating) or merely examining structures within the body, depending on the purpose of the operation.

During surgery the patient will need either local or general anaesthetic, ventilation (using a ventilator machine to help them breathe whilst under general anaesthetic). They may need support with managing their blood flow (perfusion) if the operation is on their heart.  They also need careful monitoring of important indicators of their general condition, such as their heart rate, blood pressure and oxygen levels. These supportive measures keep them safe whilst the operation takes place.

Whilst surgery is often needed to help treat or investigate illness in a patient who is already ill, surgical patients are entitled to:

  • clear and thorough personalised information about the operation, its risks and its benefits;
  • safe and effective anaesthetic;
  • safe surgical technique;
  • appropriate management of their health before, during and after the operation;
  • appropriate management of complications.

Starting your surgery negligence compensation claim

To help support your surgery negligence compensation claim, we will obtain medical records, any investigation documentation and treatment protocols. We will then take a detailed witness statement from you and others as necessary, and instruct independent medical experts to consider the care you received and the consequences for you of the failings in your care.

The defendant may accept responsibility for your injury as a result of negligent care, and we may be able to negotiate the appropriate compensation award at this point.

If settlement is not achieved, we will start court proceedings and take your case towards trial, keeping the defendant under pressure to agree settlement of your claim. Over 95% of cases succeed without the need for trial, but every case is prepared on the basis that a judge will need to decide all the issues in your claim that the defendant has not admitted.

Why choose Boyes Turner?

Our clients receive the highest standards of advice and representation during a surgery negligence compensation claim. We always treat clients with compassion, and outstanding care and have a deep understanding of the physical, emotional, psychological and financial impact that life-changing injury can have on their lives.

  • We are nationally acclaimed medical negligence lawyers. We are recognised as leading clinical negligence experts by Chambers Directory and Legal 500.
  • We have won awards and accreditations for our work and are known for securing maximum compensation for clients.
  • We have an extensive and highly experienced medical negligence team with proven skills to succeed in high value, complex claims involving catastrophic injury and severe disability.
  • We provide the highest standards of advice, we work with the best medical experts and to support rehabilitation work with top UK treatment providers and many charities.

Surgery negligence compensation claims frequently asked questions

What are the different types of surgery?

When a medical condition needs surgical treatment, the urgency, severity, and type of injury or condition will affect the way in which the operation is carried out. Each type of surgery has its own benefits and risks to the patient. These include:

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What counts as informed consent?

The risks to the patient of surgery and anaesthesia must all be considered and managed carefully and discussed with the patient so that they have enough information to give their consent. When deciding whether to consent to medical treatment, patients must be informed of what the treatment involves, any reasonable alternatives, and ‘all material risks’ of the proposed treatment.

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What is taken into consideration during a surgery claim about informed consent?

The patient’s signature on the consent form alone is not conclusive evidence that informed consent was given. The court will also take into account other evidence of the conversation which took place when the patient was asked to give consent, such as the doctor’s record of the conversation in the medical notes. Other circumstances include:

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What mistakes can lead to surgical negligence compensation claims?

Where a negligent mistake before, during or after surgery causes serious injury which would have been avoided with correct care, the patient may be entitled to claim compensation for that injury and its consequences. Surgical negligence claims often arise from:

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What injury can surgery negligence lead to?

Our experienced clinical negligence solicitors have recovered substantial damages awards for clients injured by surgical negligence which caused:

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Resources

Settlement of £1.5 million lump sum plus life-long, annual payments of £225,000pa for a man who suffered a spinal cord injury (SCI) which left him paralysed (tetraplegia) when he fell from the hospital chair where he was left to sleep after an unnecessary spinal surgery.

£900,000 settlement, in a claim against a vascular consultant, for a man who suffered a thrombosis and below-knee amputation as a result of negligent delay in surgically treating a popliteal aneurysm.

£750,000 settlement for a woman after negligent hospital treatment of post-operative sepsis and necrotising fasciitis resulted in amputations of her left hand, the fingers and thumb of the right hand, the toes of her left foot, and her right leg below the knee. She also suffered a psychological injury.

£550,000 settlement for a woman who was left with permanent injuries including back pain, a shortened leg, weakened hip, ongoing pain and impaired mobility as a result of negligent hip and knee replacement surgery.

Substantial settlement for a client who was left blind in one eye after negligent lens implant surgery, which was carried out without our client’s informed consent, and negligent follow up care.

£500,000 settlement for a woman who suffered bowel injuries, infection and septicaemia, leaving her with a permanent colostomy, as a result of negligent surgery to remove an ovarian cyst.

£450,000 settlement for a man who needed a below-knee amputation when he developed a thrombosis and ischaemia in his leg as a result of negligent management of his blood thinning medication during surgery.

£290,000 compensation for a man who developed septic shock from faecal peritonitis, acute respiratory distress syndrome and an acute renal injury as a result of negligent surgery for rectal cancer. He was left with a permanent colostomy, large incisional hernias, and extensive surgical and skin graft scars.  

£200,000 settlement for the family of a man who died after air was allowed to enter his central line during post-surgical treatment for rectal cancer and bowel obstruction. 

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Meet your specialist team

Our specialist Surgery negligence compensation claims team are considered leaders in the field and have a significant amount of expertise.
Susan Brown photo

Susan Brown

Partner

Julie Marsh headshot

Julie Marsh

Partner

Richard Money-Kyrle headshot

Richard Money-Kyrle

Partner

Sita Soni headshot

Sita Soni

Senior Associate - solicitor

Vanessa Wand photo

Vanessa Wand

Senior associate - solicitor

Rachel Makore headshot

Rachel Makore

Associate - solicitor

Tara Pileggi-Byrne photo

Tara Pileggi-Byrne

Associate - Solicitor

Alpa Rana headshot

Alpa Rana

Associate - solicitor

Fran Rothwell

Fran Rothwell

Associate solicitor

Ben Ireland headshot

Ben Ireland

Solicitor

Alice Carley headshot

Alice Carley

Paralegal

Audrey Elmore headshot

Audrey Elmore

Medical records coordinator

Nicky Melville headshot

Nicky Melville

Professional support assistant

Susan Brown photo
Julie Marsh headshot
Richard Money-Kyrle headshot
Sita Soni headshot
Vanessa Wand photo
Rachel Makore headshot
Tara Pileggi-Byrne photo
Alpa Rana headshot
Fran Rothwell
Ben Ireland headshot
Alice Carley headshot
Audrey Elmore headshot
Nicky Melville headshot

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Surgery negligence cases

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Awards & accreditations

Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.

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What our clients say

"Amazing support"

Fran has been an amazing support through a very difficult time for me and my family. Always available to speak and kept me in the loop with anything happening, she has been so kind, and I thank her so much for helping and getting my mum the justice she deserved.

Ms Alison

"Honest, approachable and truly empathetic"

What has to be some of the most testing horrible times was dealt with in a dignified, honest, approachable and truly empathetic manner. I could not begin to do Susan justice for her handling of our case.

Boyes Turner Client

"they kept us fully informed "

I approached Boyes Turner after my claim was turned down by one of the Medical Negligence Claim company. My wife was a victim of medical negligence.

Boyes Turner have acted so efficiently on our behalf and was able to win our case. Anytime we contact them, their customer service was very good as they kept us fully informed of every level our case has developed. They are very friendly and approachable and great in their professional advise. I would strongly recommend anyone approach them for their legal and medical negligence services.

Boyes Turner Client

"Thoroughly professional, knowledgable and approachable"

Thoroughly professional, knowledgable and approachable with communication and updates as and when needed, in what can be a drawn out process, I was always comfortable asking questions and always received answers which were clear and understandable. Highly recommend

Boyes Turner Client

"Amazing professional firm"

I came to Boyes Turner desperate after searching the web for a firm to use for my sons case. He was only a few months so my mind was all over the place, but from the very first point of contact I felt a sense of relieve and belonging. I was welcomed and looked after by amazing staff who always communicated everything so well and went the extra mile to explain things and ensure I understood what was happening every step of the way (THANK YOU SUSAN BROWN). Susan was amazing I felt like I not only had a solicitor but someone who understood my emotions as a mother and always handled me with so much compassion and that was all I needed to keep me going for the 6 years of the case. Years went by in a breeze because of how professional Boyes Turner was. I am so greatful I went through it all with them and mananged to get my son a good compensation. We look forward our new life where my sons needs are priority after struggling for so long. Thank you Boyes Turner and thank you Susan Brown. My family and I are ever indebted.

Boyes Turner Client
Rated Excellent 4.8/5