Not all complications indicate negligence. A claim may arise where the injury was avoidable, unusually severe, diagnosed late, or made worse by poor surgical technique or inadequate post-operative care. Independent medical experts assess whether the care you received fell below accepted standards and whether different action could have prevented the outcome.

Yes. Claims relating to NHS treatment are brought against the relevant NHS Trust, not individual surgeons. Compensation is paid through NHS Resolution and does not come from frontline services or staff wages. Many patients pursue claims to obtain answers, accountability, and support for recovery after avoidable harm.

You can still make a claim. Private hospitals and surgeons owe the same duty of care as NHS providers. Depending on how your treatment was arranged, claims may be brought against the private hospital, the surgeon, or both.

Compensation reflects both the injury itself and its wider impact on your life. This usually includes:

• General damages for pain, suffering, scarring, infection, and psychological harm
• Special damages for financial losses such as further treatment, corrective surgery, medication, travel expenses, lost income, and care needs

Every claim is assessed individually, with compensation intended to support recovery and long-term wellbeing.

their behalf. This applies if the individual:

• Is under 18
• Has limited or no mental capacity
• Has experienced cognitive decline or disability that prevents legal decision-making

Litigation friends are often family members or close friends. They make legal decisions in the claimant’s best interest and liaise with the solicitor to progress the case.