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Surgical Errors

When receiving medical treatment it’s crucial to ensure that you are dealing with the right kind of specialist or surgeon. This is especially important when you are having surgery or any other type of medical procedure.

There are over 4.6 million hospital admissions each year, that lead to surgical interventions performed in the NHS each year. Additionally, thousands of other operations are performed in private hospitals.

Members of the Vincents clinical negligence team have acted for a variety of clients and recovered millions of pounds in compensation for those injured through sub standard medical treatment.

Common surgical mistake claims include:

• Using faulty or unsuitable medical equipment
• Major disability or death caused by damaging supporting biological structures, organs or blood vessels during surgery
• Failed surgical treatment
• Delays in operating or providing surgical intervention
• Cosmetic surgery errors
• Anaesthetic errors

Whilst all surgical procedures have risks associated with them, if a surgeon falls below the standard expected of them, which causes you injury, you can claim.

Sometimes mistakes are made before or after surgery, these can include;

• Failing to advise a patient of the surgical risk and consent issues
• Failing to perform pre surgical assessments and scans, including medical histories, medication checks, blood tests, screening and heart monitoring
• Failure by theatre staff to check equipment before and after surgery e.g. retained swab cases
• Failing to identify and treat infections acquired during surgery
• Incorrect post surgical medication.

ITU, critical care and nursing care post surgery are important. If something goes wrong it can have life altering consequences. Examples can include:

• Lack of staffing and resources leading to mistakes;
• Ward infection;
• Medication errors;
• Failure to monitor vital signs.

How can Vincents help you?

Vincent’s specialist clinical negligence team can assist you. We will gather evidence in your search for answers. Our specialist team can:

• Review GP records
• Review Hospital records
• Where a patient has died, represent the family at any inquest
• Liaise with surgeons, hospitals, doctors and/or their legal representatives
• Instruct specialist medical experts to provide their opinion as to what caused the injury or death
• Instruct experts to analyse whether there has been substandard treatment or care
• Assist with preparing complaints to the Heath Service Ombudsman

We can also assist with advice on:

• Treatment
• Rehabilitation
• Care
• Accommodation needs
• Aids and Equipment
• Prosthetics

If someone dies as a result of a surgical error, who can bring a claim?

If someone has left a will, then the executor can bring a claim on behalf of the estate. The executor can apply for probate, which allows them to administer the estate on behalf of the deceased and bring legal proceedings.

Can a claim be made if the deceased didn’t make a will?

Yes. In the event that the deceased didn’t make a will, then someone (usually a family member) can apply for letters of administration to deal with the deceased financial affairs. Vincents’ clinical negligence team can assist you with that process.

For more information, please see our GUIDE TO FATAL ACCIDENTS

Why use Vincents’ Clinical Negligence Team?

It’s important to seek specialist advice. Vincents’ clinical negligence team have over 30 years of dealing with claims involving surgical errors and patient deaths as a result of clinical negligence. We understand the need to act with sympathy and understanding.

What will it cost me?

We will always discuss funding options with you before starting your case. In many cases, we will act on a “no win, no fee” basis and our aim is to ensure that we remove the financial risks of bringing a claim.

Will I need to go to court?

In many claims, no. We will investigate your claim and contact the defendants before any court action is taken. We will keep you fully advised and any attendance at Court, if needed, will be at least 2 years after commencement of your claim, if at all.


Carlos Lopez and Olivia Robinson are regulated by the Solicitors Regulation Authority (SRA). Carlos is also a member of APIL, an associate of the Royal Society of Medicine and a member of the Law Society’s Personal Injury accreditation panel.

Other Vincents’ services you may find of interest are:

• Court of Protection
• Conveyancing
• Probate
• Benefits advice
• Financial planning and inheritance issues

For any enquiries regarding injury as a result of surgery or other medical procedure, please contact our Clinical Negligence department on 0800 310 2000 or enquire online using our Clinical Negligence Enquiry Form.

For any enquiries regarding Surgical Errors please contact our Clinical Negligence Solicitors department on 0800 310 2000
Or enquire online here.