Surgical Errors Claims – How Much Could I Get?

All operations carry some risk, but you should never have to suffer unnecessarily because a surgeon or other medical professional made mistakes that could have been avoided. If you have been avoidably harmed in such circumstances, you may be wondering, “How much compensation for surgical errors could I get?”. We understand you might have many other questions relating to surgical negligence claims, and we’re here to help answer them. 

Key Takeaways 

• According to the Royal College of Surgeons, around 1 in 400 hospital admissions result in surgical or medical errors.
• Surgical errors may include foreign objects left inside the patient, wrong-site surgery, and improper or unhygienic practices. 
• These errors happen in both public and private medical settings.
• A surgical error may cause life-changing harm, such as organ damage, infections, and loss of limbs.
• How much compensation for surgical errors you could get depends on the extent to which you have been affected physically, mentally, and financially. 

While you don’t have to instruct a solicitor to make a surgical error compensation claim, working with one could be extremely helpful. Our panel of medical negligence solicitors, in particular, have decades of experience successfully advocating on behalf of clients across the country. To find out more, reach out today to receive a free, no-obligation claim eligibility check:

Jump To A Section

1. How Much Compensation For Surgical Errors Could I Get?
2. Calculating Surgical Error Compensation Amounts
3. Can Compensation For Errors During Surgery Cover Other Damages?
4. Can I Claim Surgery Error Compensation?
5. What Are Some Common Examples Of Surgical Errors?
6. What Do I Need To Bring A Claim For Surgery Error Compensation?
7. Why Choose How Much Compensation For Surgical Error Claims
8. Learn More

How Much Compensation For Surgical Errors Could I Get?

In the UK, how much compensation for surgical errors you could get depends on how exactly you’ve been affected by the avoidable harm you’ve suffered, and whether this led to financial loss.

To calculate the physical and psychological effects of the harm you endured, your solicitor can look at your independent medical records and the guidelines from the Judicial College (JCG). These guidelines are often used for calculations, as the document contains suggested compensation brackets for different types of harm. 

In the table below, we have included some of the JCG’s suggested compensation brackets. Since they are only guidelines, please bear in mind that they cannot guarantee compensation for your particular claim. The top figure also isn’t from the JCG:

Harm	Compensation Guidelines	Severity + Notes
Multiple very severe types of harm plus special damages	Up to £1,000,000+	Financial costs could include travel expenses, loss of earnings, and medical bills.
Brain damage	£344,150 to £493,000	Very severe (a) - such as cases of 'locked-in' syndrome where the life expectancy is significantly reduced.
	£18,700 to £52,550	Less severe (d) - despite problems with concentration and memory, a good recovery will be made.
Paralysis	£267,340 to £346,890	Paraplegia (b) - Considers how extensive pain is and level of independence.
Kidney	£206,730 to £256,780	Serious and permanent damage, or loss (a) - of both kidneys.
	£37,550 to £54,760	Loss of 1 kidney (c) - with no damage to the other.
Leg amputation	£127,930 to £167,760	Amputation on 1 leg (a)(iii) - above the knee.
	£119,570 to £162,290	Amputation of 1 leg (a)(iv) - below the knee.
Arm amputation	Not Less Than £167,380	Loss of 1 arm (b)(i) - at the shoulder.
	£117,360 to £133,810	Loss of 1 arm (b)(iii) - below the elbow.

Calculating Surgical Error Compensation Amounts

When calculating surgical error compensation amounts, your solicitor will evaluate the physical, mental, and financial consequences of the unnecessary harm you experienced. Medical negligence compensation can be split into 2 types of damages:

• General damages – the physical and mental effects of the harm.
• Special damages – the financial effects caused by this harm. 

Some factors that are taken into consideration to determine the value of general damages include:

• The severity of the pain
• What long-term consequences there are, such as a permanent disability
• Whether a full recovery is expected and how long it will take
• How extensive your treatment is. 
• The impact on your quality of life and ability to do day-to-day activities

We understand that you may still have questions about the factors that may influence how much compensation for surgical errors claimants can get. That is why our advisors are available 24/7 to provide more personalised guidance on this matter.

Can Compensation For Errors During Surgery Cover Other Damages?

Yes, as we have discussed above, compensation for errors during surgery can also cover special damages if the harm you suffered had a financial impact. These costs might include:

• Lost earnings, including future impact on income. This would also encompass pension contributions, missed bonuses, and missed opportunities for salary growth. 
• Travel costs for making your way to and from necessary hospital appointments.
• Medical bills for privately funded specialist treatment and medication. 
• Home/vehicle adaptations if you needed to make accessibility improvements
• Mental health support for any psychological harm you suffered.

In order to seek special damages in your medical negligence compensation claim, you must have evidence, such as payslips, invoices, and receipts. Our panel of solicitors can help you gather and present this evidence if you are connected with one of them. You can chat with one of our advisors for further information or to discuss special damages more broadly.

Can I Claim Surgery Error Compensation?

Yes, you can claim surgery error compensation if you can prove that you were avoidably harmed because you received substandard care from a medical professional. This involves showing that:

1. A medical professional owed you a duty of care. 
2. They provided substandard care and therefore breached this duty.
3. You suffered harm that was unnecessary or otherwise avoidable. 

Whoever treats you has a responsibility to deliver care that meets the correct standards. This obligation is referred to as a duty of care, which extends to facilities like hospitals. To help meet this duty and support good practices, organisations like the Royal College of Surgeons of England provide standards and guidance.

If you believe you have grounds to claim surgical error compensation, why not get in touch for a free eligibility check from one of our advisors?

What Are Some Common Examples Of Surgical Errors?

Below, we explore some common examples of surgical errors, including wrong-site surgery, poor hygiene standards, and retained foreign objects. Please bear in mind that these examples are not extensive, and surgical errors could potentially happen in other ways:

• Retained foreign objects – you undergo a hip replacement surgery. Due to fatigue, your surgeon accidentally leaves a surgical sponge inside your body during the procedure. They do not notice this, causing a severe infection that develops into sepsis and results in brain damage. 
• Wrong-site surgery – you require an amputation on your left leg, but poor communication between the surgical teams leads to the wrong leg being operated on. This led to your right leg being amputated instead of your left. 
• Unhygienic practices – during a coronary artery bypass graft, the surgeons use unsanitised tools and equipment. Their failure leaves you with a severe infection and endocarditis.
• Lack of adequate pre-operative planning – Your surgical team doesn’t adequately prepare for your laparotomy. This pre-op results in a surgeon cutting too deep when making a midline incision and severs the superior mesenteric vein, causing permanent nerve damage.

In these examples, it is clear how negligence occurred. If you believe you have been avoidably harmed because of a surgical error, please have a chat about your circumstances with one of our friendly advisors.

What Do I Need To Bring A Claim For Surgery Error Compensation?

To bring a claim for surgery error compensation, you must ensure that you start the process within the limitation period and that you have sufficient evidence to prove negligence occurred. Generally, the medical negligence claims time limit is typically 3 years, commencing from either:

• The date the surgical negligence occurred. 
• The date you were aware that surgical negligence occurred.

However, this time limit doesn’t always apply, as our guide to the limitation period will explain in depth. With respect to evidence, you need to establish how the level of care you received fell below minimum expected standards and caused you direct, avoidable harm. This often hinges on medical records, but you can read our guide to learn more about proving negligence.

If you’d like to learn about time limits and proving a claim, please do get in touch today. Our advisors would also be happy to explain how a solicitor from our panel could gather evidence on your behalf and help ensure that your claim is filed in time.

Why Choose How Much Compensation For Surgical Error Claims

By choosing How Much Compensation to help you start the surgical error claims process, you can get tailored support from start to finish, all on No Win No Fee terms. The specific basis that our solicitors work under is called a Conditional Fee Agreement (CFA).

When you claim with a solicitor who works under a CFA, you can get started with pursuing compensation without paying any upfront service fees for their work. In fact, you won’t be expected to pay any solicitor’s fee while your claim is ongoing, nor if it is unsuccessful.

If the claim does win, your solicitor will keep a small, legally capped percentage of your compensation as a success fee. Besides this nationwide No Win No Fee service, claiming with a solicitor from our panel comes with plenty of benefits, including:

• Helping collect and piece together the evidence needed to build a compelling claim.
• Communicating with the liable healthcare provider so you stay focused on your recovery.
• Using their expertise to negotiate the best medical negligence compensation offer possible.
• Professionally presenting your case to all relevant parties. 
• Updating you throughout the case and explaining any legal terminology you come across. 
• Ensuring you always feel able to voice your concerns and questions.

Contact Our Advisors

You can contact our advisors today to see whether you can be connected with one of the specialist No Win No Fee solicitors from our panel. They have won over £90 million in compensation for clients across the country, and you could be the next:

• Call 0800 408 7826.
• Fill out the claim enquiry form on our ‘Contact Us‘ page. 
• Message an advisor directly in the live chat box on the screen. 

Learn More

You can learn more about medical negligence claims by browsing our similar guides:

• How to claim compensation against the NHS.
• Learn about stroke negligence claims.
• Find out about claiming for pressure sores.

Additionally, you could find these other pages useful:

• Royal College of Surgeons of England (RCSENG) – what a surgeon’s responsibilities are.
• Care Quality Commission (CQC) – report a concern about care you’ve received.
• Gov.UK – how to claim Statutory Sick Pay (SSP) for time off work.

We hope this guide on how much compensation for surgical errors you could get has been helpful, and our advisors are here 24/7 to help if you have any other questions.