Not every surgical injury automatically means negligence. A claim may arise where the injury was avoidable. For instance, it was diagnosed too late or made worse by poor decision-making or inadequate monitoring.

Independent medical experts assess whether the care fell below acceptable standards and whether earlier recognition or different action would likely have prevented or reduced the harm.

Yes. Claims against the NHS are brought against the relevant NHS Trust, and any compensation is paid through NHS Resolution (not from frontline budgets or staff wages). Many patients bring claims not only for financial support, but to obtain explanations, accountability, and reassurance that lessons are learned.

You can still make a claim. Private hospitals and surgeons owe the same duty of care as the NHS. Claims may be brought against the private provider, the surgeon, or both, depending on how your treatment was arranged and where responsibility lies.

Compensation is assessed individually and usually includes:

• General damages for pain, suffering, internal injury, infection, scarring, and psychological impact
• Special damages for financial losses such as additional surgery, hospital stays, medication, travel costs, lost earnings, and ongoing care needs

The aim is to support recovery and reflect how the injury has affected your life both now and in the future.

Yes – if the person affected is unable to bring the claim themselves, a litigation friend can act on 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.