Common surgical negligence cases and how you can make a claim

Published: 18/07/2023

Approximately 1 in 10 people in the UK will undergo surgery, with hernia repairs and hip replacements being the most common procedures carried out. As they are so common, there are usually no issues or severe complications that follow, but that does not mean that they never occur. Sometimes, when patients experience problems following their surgery, it could be due to surgical negligence, and they could be entitled to make a claim.

In this guide, we will highlight the most common surgeries that attract medical negligence claims, how to identify the symptoms of surgical negligence, and how you can make a successful claim.

Knee replacement surgery

Around 100,000 people in the UK have a knee replacement annually; when carried out correctly, knee replacements can last for around 20 years. However, if fitted incorrectly, or post-operative procedures are not adhered to, problems can arise. Common symptoms of knee replacement failure include pain, swelling and instability, making it difficult for the sufferer to carry out their day-to-day activities.

Sometimes, knee replacement failure can be down to improper post-operative care procedures that the patient has not followed, but medical negligence can be easy to identify. If the surgeon failed to inform the patient of the risks or outcomes, or they have made a surgical error, the patient could be entitled to compensation. Other medical negligence examples include the wrong manufacture of the parts for the knee replacement, inadequate post-op care and misdiagnosis.

Knee replacement complications following medical negligence include infection and a lack of mobility, which can severely impact a person’s life. Therefore, it is incredibly important to gather necessary evidence and make a note of the consequences of the error as soon as possible. This way, you can start to build a case and contact a law firm.

Spinal surgery

Spinal surgery is a delicate procedure that must be handled carefully and professionally. Common surgeries include vertebroplasty, spinal fusion surgery, discectomy, foraminotomy and laminectomy. Patients need spinal surgery for different reasons, but the procedure can fail or have complications if not carried out properly.

Surgeons could leave foreign objects in the body, leading to infection, or they could carry out the surgery unnecessarily due to misdiagnosis. There could also be anaesthesia issues or unsanitary tools could be used, leading to infection or even mobility issues. If you experience any complications following spinal surgery, and you believe they were caused by medical negligence, you should seek legal advice as soon as possible.

Medical negligence solicitors can help you gather all necessary evidence and start building your case, enabling you to get started on your negligence claim. To find out more, you can read our full guide here.

Hip replacement surgery

As previously mentioned, hip replacement surgery is one of the most common procedures in the UK and poses little risk. Hip replacements are common amongst elderly people due to the wear and tear that their hips face over the years, as well as conditions such as arthritis. Common complications include blood clots, infection, fractures and leg length discrepancy; these possible risks should be discussed with the patient before surgery, but if not, the patient could have appropriate grounds to make a claim.

If the patient's hip replacement failed due to poor surgical practices, the wrong parts were used, or the patient was not informed of the possible risks and aftercare procedures, they could be entitled to compensation. Failed hip replacements can render people completely immobile, so patients should seek legal action to determine whether or not they could make a successful claim. Not all complications following surgery are due to medical negligence, so it is important to ask a solicitor for advice.

If you recently had a hip replacement, and you are concerned about surgical negligence, you can read our full guide here for more information.

Bowel surgery

Bowel surgery is usually carried out to resolve issues and illnesses such as bowel cancer, Crohn’s disease or colitis, and is a fairly straightforward procedure. It is common to experience discomfort following bowel surgery, and it may take a while to fully recover. However, some complications are preventable, and patients may be able to make a claim of surgical negligence.

An anastomotic leak, paralysis of the bowel, nerve damage and blood clots are all complications that could arise following bowel surgery, and they could be caused by medical negligence. Surgery that has been performed negligently could lead to life-threatening illnesses or infections, and you may have to wear a colostomy bag when one originally wasn’t needed. Bowel perforation could also occur during a hysterectomy or caesarean section, which is caused by surgical negligence.

If any of the aforementioned complications have happened to a patient following surgical negligence, or their bowel has been perforated during a different surgery, they could be entitled to significant compensation. To discover more, please read our previous guide here.

Dental surgery

There are various major and minor procedures associated with dental surgery, all of which come with potential side effects and risks. Common surgeries include tooth extraction, corrective jaw surgery and root canal treatment, all of which can possibly lead to infection or nerve damage if not carried out correctly. With tooth extraction, there is also the risk of dry socket, which can lead to the exposure of underlying bone and nerves, and pain can spread across the whole face.

If you have lost more teeth than necessary or they have become damaged due to surgical negligence, you could be entitled to compensation. Other issues caused by medical negligence include prolonged pain and nerve damage, and can be caused by possible misdiagnosis and incorrect procedures that have been carried out.

Collecting evidence such as medical documents, as well as any financial issues that the negligence has caused you, can help you build your case. Contacting an experienced law firm can help you get the results you deserve, especially if your case has merit. To find out more about dental surgery negligence, read our previous guide here.