What is medical negligence?
All medical practitioners are legally obliged to provide a safe, adequate and reliable level of care to their patients. Indeed, when you go to the…
Read moreClaim compensation for wrong site surgery
If a surgeon operated on the wrong body part, you may have grounds to make a wrong site surgery claim for medical negligence compensation.
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Wrong Site Surgery Claims
Having surgery performed on the wrong part of the body is one of the most severe and distressing forms of medical negligence. If you or a loved one suffered harm because of this type of surgical error, you may be eligible to make a wrong site surgery claim.
Wrong site surgery can occur due to incorrect patient records, poor communication between the surgical staff or plain negligence. Besides a physical injury, it can cause a lot of distress and emotional damage and could potentially impact every aspect of your life.
We understand that this is an incredibly difficult time for you, and we are here to help. Our team of specialist solicitors will offer you empathetic support and guidance every step of the way, and a no win no fee agreement, so there is no financial risk to you when making a claim.
For a free claim assessment, call 0800 470 0474 today or use our contact form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
What is wrong site surgery?
Wrong site surgery refers to a type of medical negligence where surgery is performed:
- On the wrong side of the body.
- On the wrong part of the body.
- On the wrong patient entirely.
The NHS classifies wrong site surgery as a never event. This means it is a serious medical incident or error that should never occur if the established guidelines and safety procedures are followed. Examples of wrong site surgery include:
- Operating on the right knee instead of the left.
- Removing the wrong organ or a healthy organ.
- Amputating the wrong fingers on the correct hand.
- Taking a biopsy from the wrong tissue.
- Performing surgery on the wrong area of the spine.
- Removing the wrong skin lesion.
- Removing both tonsils instead of one.
- Removing the wrong part of the colon.
How common are wrong site surgery cases?
Unfortunately, operating on the wrong body part is not as rare as you would hope. Out of 472 incidents reported as never events between 1 April 2019 and 31 March 2020, 226 (48%) were wrong site surgeries.
In 2021/22, there were 54 claims against the NHS for wrong site surgery, which cost the National Health Service a total of £10,354,200.
Am I eligible to make a wrong site surgery claim?
To be eligible to make a medical negligence compensation claim for wrong site surgery, the following must be established:
- A duty of care. You were owed a legal duty by the hospital or medical professionals involved in your care (this applies whenever you seek medical treatment).
- A breach of duty. Your healthcare provider breached this duty by failing to provide a reasonable standard of care.
- Causation and damages. This breach of duty directly caused you to suffer avoidable harm, injury and financial losses.
How to make a claim for wrong site surgery
To begin a wrong site surgical negligence claim, the first step should be contacting a specialist solicitor. If you can proceed, they will guide you through all the other steps of the claims process, which are:
- Gather supporting evidence, as detailed in the section below.
- A medical exam with an independent specialist who can confirm the negligence and the full extent of your injuries.
- Calculate your compensation award based on the severity of your injuries and related financial losses.
- Send a formal letter of claim to the defendant to inform them of the compensation you seek.
- Negotiate a settlement or issue court proceedings if liability is denied.
What evidence do I need to support a surgical negligence claim?
If a surgeon operated on the wrong part of your body and you want to make a claim for compensation, you’ll need supporting evidence such as:
- Medical records detailing the surgical procedure and the injuries you suffered as a result.
- Records of additional treatments needed due to the negligence.
- A report from an independent medical expert detailing the negligence and its consequences.
- Photographs of your injuries.
- A copy of a formal complaint made with the hospital and their response.
- Statements from hospital staff and witnesses to your pain and suffering.
- Your detailed account of the negligent surgical procedure and its impact on your life.
- Proof of related financial losses and expenses.
Who pays the compensation for wrong site surgery?
This depends on where you received medical treatment:
- If you had surgery on the wrong part of your body at an NHS hospital, then your claim will be against the NHS. In this case, your compensation will be paid by NHS Resolution, on behalf of the NHS Trust responsible for the medical negligence case.
- If you received private surgery, your claim will be against the private clinic or doctor responsible for the surgical error. The compensation will be paid through their public liability insurance.
What types of medical errors could lead to surgery on the wrong part of the body?
Surgery is one of the most challenging parts of a patient’s treatment. Medical staff must adhere to strict surgical safety guidelines to prevent errors and complications during the procedure.
However, several factors can result in cases of wrong site surgery, including:
- Failing to follow the established guidelines and safety protocols.
- Poor communication between members of the surgical team.
- Failing to verify the correct surgical site or the patient before surgery.
- Incorrect or incomplete patient records.
- Failing to complete a surgical checklist before the intervention.
- Failing to mark the surgical site before giving the patient anaesthesia.
- Inadequate training, fatigue or insufficient supervision.
These and other types of negligence can lead to surgery on the incorrect body part and a claim for compensation.
What are the risks and consequences of wrong site surgery?
When a healthcare professional makes a severe mistake, such as wrong site surgery, the implications on your health and well-being can be far-reaching. These include, but are not limited to:
- Going through unnecessary surgery and losing a healthy organ or tissue.
- The need for corrective surgery or additional treatments.
- The worsening of your condition, which can progress to a life-threatening stage.
- Chronic pain and disability.
- Permanent scarring and disfigurement.
- A new, avoidable injury or serious health issue.
- Extended recovery times.
- Infertility, if the surgery involved the reproductive organs.
- Emotional and psychological distress, including anxiety or PTSD.
- A loss of trust in the healthcare system.
- Financial strain due to loss of earnings, medical expenses and the cost of ongoing care.
- In the most severe cases, operating on the wrong patient or body part can be fatal.
Can I claim compensation for wrong site surgery on behalf of a loved one?
If a loved one experienced wrong site surgery negligence, you may be eligible to make a compensation claim on their behalf if they:
- Are under the age of 18.
- Lack the mental capacity to make the claim themselves.
Under these circumstances, you can apply to the court to be named as their litigation friend and obtain compensation on their behalf. An expert medical negligence solicitor can guide you through the process and ensure you meet all necessary legal requirements.
How much compensation can I get for a wrong site surgical mistake?
The amount of wrong-site surgery compensation you deserve will be calculated based on two types of compensation:
- General damages cover the subjective impact of wrong site surgery, such as pain, suffering, disfigurement and reduced quality of life.
- Special damages cover the financial impact, including loss of earnings, corrective surgery, medical aids and care costs.
According to our personal injury compensation calculator, you could receive:
- £1,600 to £15,900 for mild surgical mistakes, such as operating on the wrong finger or toe.
- £18,000 to £28,000 for moderate injuries, such as operating on the wrong hand or foot.
- £119,570 to £162,290 for the negligent amputation of one leg below the knee.
- Up to £183,190 for loss of bowel function.
- £140,210 to £207,260 for loss of fertility affecting women.
Is there a time limit for making a wrong site surgery compensation claim?
Usually, you have three years to make a claim, starting from the date of the surgery or from when you became aware of the negligence you have suffered. There are a few exceptions to this:
- Child injury claims can be made at any time before the child turns 18.
- There is no time limit to make a claim for surgical negligence on behalf of someone with limited mental capacity.
Seeking legal advice as soon as possible will make it easier for your solicitor to gather evidence and build a comprehensive case.
Can I make a no win no fee medical negligence claim?
Yes, our experienced network of solicitors offer a no win no fee service if you are eligible to start a wrong site surgery claim. This means that:
- You pay nothing up front to start your claim.
- You can pursue compensation without financial risk.
- If your claim is unsuccessful, you will not have to pay any of your solicitor’s legal fees.
- If your claim is successful, your solicitor will deduct a percentage of your compensation for their legal services (capped at 25%).
Do I have to go to court for a wrong-site surgery claim?
You don’t need to worry about going to court to argue your case, as most claims are settled through negotiations. This is preferred because it is quicker, less stressful, and involves fewer legal costs.
According to NHS reports from the 2020/21 period, only 0.3% of claims settled during that time went to trial. Court proceedings are only necessary if:
- The defendant disputes liability.
- Negotiations fail to reach a fair settlement.
If you have been affected by wrong site surgery, please contact us for a free consultation over the phone, and we will let you know within minutes if you can make a claim. Call 0800 470 0474 today or use our contact form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
