Hospital Negligence: Surgical Errors

There are inevitable risks associated with any surgical procedure, but this does not mean that all adverse consequences are unavoidable. Whether surgery is performed privately or on the NHS, as a patient, you have the right to expect that the procedure will be planned and executed to a reasonable standard.

Our solicitors have handled a number of surgical negligence claims and a recent example of such is the case of Mrs T. Mrs T was referred to her local NHS hospital after discovering a lump beneath her tongue. She underwent a surgical procedure intended to remove the lesion for testing. However, following the surgery, it became apparent that the lump remained — the surgeon had mistakenly removed healthy tissue instead.

Read full case here –
£10,000 for surgical error concerning biopsy taken from wrong site.

Surgical negligence can occur in many different scenarios, including:

• Failure to appropriately plan the surgery (i.e. recommending the wrong or unnecessary surgery)
• Failure to perform the surgery to a reasonable standard (i.e. poor surgical technique or operating on the wrong site).
• Failure to follow appropriate guidelines (i.e. not following the NICE Guidelines)
• Failure to remove all foreign objects before closing the surgery site.
• Failure to appropriately monitor the patient following surgery.
• Failure to appropriately sanitise the surgery site.

The consequences of certain surgical errors can be catastrophic for the patient and their family, and there may be a need for long-term rehabilitation from both a physical and psychological perspective. It is not possible to list all the consequences for a patient who has suffered because of a surgical error, but these can include:

• Brain damage
• Nerve damage
• Organ damage
• Amputation
• Infection / disease
• Excessive scarring
• Allergic reaction

Following a surgical error, there may be a need for further corrective treatment and/or surgery. This can be extremely distressing for a patient, especially with the knowledge of the previous errors weighing heavy on their mind. The corrective measures are likely to impact upon a patients physical health, as well as raising the significant possibility of the patient developing a psychological illness due to the trauma of having to undergo multiple procedures.

Comment from Andrew Thompson, Solicitor at Aston Knight:

“Surgical procedures carry inherent risks, but patients have every right to expect that those performing the surgery will do so to a competent and professional standard. Unfortunately, as we saw in Mrs T’s case, basic errors — such as operating on the wrong site — can result in avoidable harm and lasting consequences.

No one should have to endure unnecessary surgery, additional recovery time, or ongoing physical discomfort because of preventable mistakes. At Aston Knight, we work hard to ensure our clients not only receive fair compensation but also feel supported throughout what is often a very difficult and emotional journey.

We are committed to holding healthcare providers accountable where there has been a failure in care, and to helping patients access the justice and rehabilitation they deserve.”

If you believe you have suffered harm as a result of a surgical error, your main priority will be your health, and so you should first contact the relevant medical professional(s) to seek rectification of the problem.

You should also consider contacting Aston Knight, and our experienced Solicitors can provide support and legal advice on making a claim against the surgeon or hospital involved. We can take away the stress of making a claim by fully explaining the process and guiding you through every step of the way. We are not only here to ensure you are properly compensated for any injury resulting from the surgical error, but we will also ensure that your current and future rehabilitation needs are identified and met.