Surgical Errors & Operative Negligence Claims UK

Types of Surgical Errors

Wrong site surgery: Operating on the wrong body part, the wrong side, or the wrong patient entirely. These are classified as "never events" by the NHS, meaning they should never happen if proper safety protocols (the WHO Surgical Safety Checklist) are followed. Retained surgical items: Swabs, needles, instruments, or guide wires left inside the patient after surgery. Another never event. Can cause infection, pain, organ damage, and the need for further surgery.

Bowel perforation: Accidental puncture of the bowel during abdominal, gynaecological, or colorectal surgery, including colonoscopy. If not recognised and repaired immediately, it can cause peritonitis and sepsis. Anaesthesia errors: Wrong dosage, failure to monitor during anaesthesia, allergic reactions not anticipated, and awareness under anaesthesia (the patient is conscious but paralysed during surgery).

Post-operative complications: Failure to monitor patients properly after surgery, failure to recognise signs of internal bleeding, infection, or blood clots, and delayed return to theatre when complications develop. Unnecessary surgery: Surgery performed without proper justification, where conservative treatment would have been appropriate, or where the risks were not adequately explained (lack of informed consent). Botched cosmetic surgery: Poor technique, inadequate consent process, and results falling below the expected standard.

Sepsis After Surgery

Sepsis is a life threatening response to infection. After surgery, sepsis can develop from surgical site infections, contaminated instruments, or failure to maintain sterile conditions. The key negligence issue is usually delayed recognition: sepsis has well established warning signs (fever, rapid heart rate, confusion, low blood pressure) and treatment protocols (the "Sepsis Six"). Failure to follow these protocols can turn a treatable infection into a fatal condition.

Surgical burns from diathermy equipment, nerve damage from poor surgical technique, and damage to surrounding organs during keyhole surgery are also common claims. In every case, the question is whether the surgeon met the standard expected of a competent practitioner performing that procedure.

Common Questions