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Wrong-Site Surgery Claims
Suing the NHS or private healthcare providers for preventable surgical errors
Get in touch for a free, no-obligation chat with our specialist clinical negligence solicitors.
Contact us for a free, no-obligation chat.
Call us on 0333 987 4161 or submit a form below.
Wrong-Site Surgery & Medical Negligence Explained
Wrong-site surgery occurs when a procedure is carried out on the wrong part of the body, the wrong side, the wrong organ, or even the wrong patient. It may also involve performing the wrong procedure entirely, or carrying out surgery that was never planned or needed.
These errors are classed as “never events” by the NHS because they are considered wholly preventable when proper safety systems are followed. Patients are entitled to expect that checks are carried out before surgery to confirm identity, procedure, and surgical site.
A claim may arise where these safeguards were missed, ignored, or not properly followed, resulting in avoidable injury or the need for further corrective treatment.
Why Wrong-Site Surgery Happens
Although never events should not occur, wrong-site surgery continues to happen across the UK. These errors are rarely the fault of a single individual and often result from systemic failures in surgical care.
Common underlying issues include:
- Breakdown in communication between surgical teams
- Failure to follow the WHO Surgical Safety Checklist
- Incorrect or missing site marking before surgery
- Errors in patient identification or medical records
- Inadequate verification of consent or surgical plans
- Fatigue, time pressure, or lack of senior oversight
Claims focus on whether established safety procedures were followed and whether the error could have been prevented with reasonable care.
We will cover the costs unless we win your case.
No-win-no-fee
24/7 Support
Specialist negligence solicitors
No-win-no-fee
24/7 Support
Specialist negligence solicitors
Am I Eligible to Make a Claim?
To bring a successful claim, four key elements must usually be proven:
1
Duty of care
The healthcare provider had a legal responsibility to care for you.
2
Breach of duty
The care fell below acceptable medical standards.
3
Causation
The harm you suffered was a direct result of that substandard care.
4
Damage
You experienced physical, emotional, or financial harm as a consequence.
Is there a time limit?
You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.
Related Claims
Gallbladder Surgery
Keyhole Surgery
Hip Replacement Surgery
Knee Replacement Surgery
Joint Replacement Claims
Accidental Punctures & Lacerations
Retained Surgical Instruments
Amputation Compensation
Nerve Injury Claims
Anaesthesia Error Claims
A&E Negligence
Your Questions Answered
Can I sue the NHS for wrong-site surgery?
Yes. Most wrong-site surgery claims are brought against NHS trusts. Claims are handled through NHS Resolution, a separate body that manages negligence claims on behalf of the NHS, so they are not paid directly from hospital or frontline care budgets.
Many people bring claims to get answers, accountability, and support for the impact the injury has had on their life, rather than to blame individual staff.
What if the mistake was discovered after the operation?
Many wrong-site errors are only identified after surgery has already taken place. This does not prevent a claim. Patients may still have undergone an unnecessary procedure and been exposed to avoidable risk.
Claims can reflect the distress of undergoing surgery that provided no benefit, extended recovery time, additional treatment, and the lasting psychological impact of a serious surgical mistake.
Can a claim be brought if a loved one has died?
Yes. If wrong-site surgery contributed to a death, claims can be brought by the estate or dependants. These cases may include compensation for pain and suffering before death, funeral expenses, loss of financial dependency, and the emotional impact on close family members.
Such claims also play an important role in establishing what went wrong and ensuring lessons are learned.
How is compensation calculated for claims?
Compensation reflects both the injury itself and its wider consequences. It usually includes:
- General damages for pain, suffering, psychological injury, scarring, disability, and loss of quality of life
- Special damages for financial losses such as further medical treatment, rehabilitation, care needs, loss of earnings, travel costs, and future support
Each case is assessed individually, with compensation designed to support recovery and address long-term needs caused by the error.
Will I have to go to court?
Most compensation claims are resolved without a trial. Where court proceedings are necessary, your solicitor will prepare the case fully and guide you through each stage. The aim is always to resolve matters as efficiently and sensitively as possible.
Additional Resources
Who do you want to file a claim against?
Suing the NHS for negligence
Suing the hospital for negligence
Suing my GP for negligence
Suing my dentist for negligence
What’s the reason for your claim?
Suing for malpractice
Suing for misdiagnosis
Suing for delayed diagnosis
Suing for surgical negligence