8 Common Medical Negligence Claims

Date Added 07.10.16

According to data from the Royal College of Surgeons, there are over 4.7 million surgical procedures performed within the NHS every year. The vast majority of these go according to plan, unfortunately, there are instances where things go wrong and mistakes are made. Some of these are due to negligence.

At Tollers we have a dedicated team of Medical Negligence Specialists who can assist you to claim for compensation to fund rehabilitation, additional help and assistance, aids, and loss of earnings.

“Whilst those working in the NHS strive to provide good quality healthcare inevitably things do go wrong. Sometimes injuries are due to negligence. The increasing strain is likely to lead to more members of the public seeking compensation for those injuries.”

Common areas where things go wrong in surgery include:


Sadly, there are too many occasions where a patient picks up an infection in hospital where no, or the wrong, antibiotic has been used. An infection can lead to sepsis and have potentially devastating results and in some cases may even require a limb to be amputated, if the infection reaches the stage where it becomes untreatable.

Contamination, foreign object left behind after surgery

Surgical swabs are the most common item left in the body after surgery, but needles and other surgical instruments can also get left behind. When an object is left in a space where it does not belong, this is indefensible. Compensation awards associated with this can be high, even when there has been little or no obvious harm to the patient.

Failure to warn of side effects

When giving consent for any medical procedure, you do so on the basis that all the risks and potential side effects that are likely to be significant to you have been clearly discussed with you. Should you suffer side effects post procedure that you feel you should have been made aware of, then there may be a case of medical negligence.

Incorrect anaesthetic

Errors with anaesthesia can be devastating. If the anaesthetic is chosen or administered incorrectly, or sufficient monitoring is not carried out, they can cause permanent or semi-permanent paralysis, brain damage, anaesthetic awareness (where you are conscious during the procedure), and in extreme cases, death.

Damage to nerves, tissues, muscles or organs during surgery

Any tiny mistake with a scalpel during an operation can have disastrous consequences. This can result in damage to blood vessels, local nerves and perforations to internal organs and can lead to pain, infection and, in its worst cases, disability or death.

Operating on the wrong part of your body

Wrong-site surgery is a ‘never event’. A never event is a serious largely preventable patient safety incident that should not occur if the available preventative measures have been implemented by the healthcare providers.

Wrong-site surgery is where your operation occurred on the wrong part of your body. This means that the negligence caused a new injury and failed to correct the original problem.

Failure to dress or stitch a wound correctly

Failure to dress or stitch a wound correctly can result in severe infection, unnecessary pain and discomfort, or an incisional hernia. Secondary surgery to correct the stitching and scarring may also be necessary.

Surgery on the wrong patient

Sadly, operations on the wrong patient do still happen where hospital procedures have been breached.

Even the most straightforward of medical procedures present the possibility for something to go wrong. Should that be the case, you’ll want to talk to solicitors who have the skill, knowledge and expertise necessary to navigate this complex area of law. Tollers solicitors can offer specialist knowledge and help you, step by step, through the compensation claims process, often on a ‘No Win No Fee’ basis… Talk to Tollers on 0333 414 9123, or email personalinjury@tollers.co.uk

We are not Personal Injury Lawyers by accident. 

8 Common Medical Negligence Claims

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