Surgical Errors

Linder Myers’ clinical negligence solicitors are experienced in representing and supporting individuals and their families who are suffering as a result of negligence in surgery.

Surgical negligence is defined as a failure on the part of a medical professional (the surgeon, anaesthetist, surgical staff or nursing staff) to provide the expected level of care, resulting in harm to the patient. Though rare, these errors can lead to unnecessary operations, the requirement for further surgery, uncontrolled infection and a failure of consent to the form of surgery provided.


Speak to a solicitor now

Some examples include:

  • Failure to fix the problem during surgery
  • Inadequate pre-operative assessment (e.g. failure to test for underlying conditions) causing complications, errors in medical notes or reading of x-rays and scans
  • Failure to inform patients of the risks and potential side-effects of a procedure
  • Retained surgical items – where an instrument or object such as sponge or swab is left inside the patient
  • Nerve damage resulting in paralysis or chronic pain
  • Cases where the wrong limb, organ or patient was operated on
  • Faulty medical equipment or products, such as the recent metal on metal hip replacement recall or PIP breast implants scare
  • Inadequate aftercare resulting in bed sores, blood clots or infection
  • Anaesthetic claims including insufficient pain relief, dosage errors or failure to carry out sufficient tests beforehand

We offer a no win, no fee service, meaning it is risk-free for you to potentially earn a life-changing sum of compensation. If you feel that you have sustained harm as a result of a surgical mistake, get in touch.


Call us today

Clinical Negligence Expert – Matthew Smith

Matthew joined the team at Linder Myers in November 2021 as a Principal Lawyer and the Head of the Clinical Negligence department, and has acquired a Clinical Negligence Accreditation from the Law Society. After qualifying in 2005, Matthew has handled over 500 clinical negligence matters and covers the full remit of claims, with particular specialism in cases involving cerebral palsy, acquired brain injury, amputations, vascular and neural injuries.

Matthew has settled a vast number of cases, one of the most notable cases settled was one in respect of a delayed diagnosis of encephalitis with a capitalised value of over £20 million. Another was an unfortunate case of delayed diagnosis of cancer which led to severe lymphoedema and settled for in excess of £1 million.


Clinical negligence experts

Millions in compensation paid out

Friendly, compassionate and discreet advice

Compensation recovered for our clients

Medical negligence - leading to lifetime care

Our clinical negligence team secured a six-figure sum for our client after disastrous keyhole surgery affected every aspect of his life.

Our client was left permanently scarred and forced to use a catheter after his bladder was cut during the operation. Three months after the operation, he was still in severe pain and consequently taken into hospital with a water infection – where it was discovered swabs had been left inside of his body, leading to another operation to remove them. As a result of this negligence, our client had to give up working and relies on care from others for everyday tasks.

Compensation recovered: six figure payout

Failure to obtain consent - leading to additional scarring

We represented a gentleman who was born with Poland Syndrome – meaning he was missing a major muscle and soft tissue damage on the left side of his chest. Our client decided to proceed with surgery to correct this defect. He consented to liposuction being performed on either the right side of his chest or abdomen, followed by lipofilling on the left side of his chest – which would leave minimal scarring.

Compensation recovered: five figure settlement

Missed diagnosis and referral

We acted on behalf of the estate of a 68 year old diabetic man who had stubbed his toe. The toe had turned black following the minor accident and his GP referred him to hospital, where medical staff noted that there was a lack of pulse in his feet but failed to address this

He didn’t receive any treatment until more than a month later, when the condition had significantly worsened and part of his foot had to be amputated. It is well known by medical professionals that diabetes can lead to problems with the lower limbs and diabetes is the most common cause of lower limb amputation in the UK.

Just a few weeks later, he had to return to hospital to undergo surgery to have a below the knee amputation. However, his condition sadly continued to deteriorate and he died approximately two months after his initial A&E visit. The NHS Trust involved admitted liability and we successfully obtained a settlement for his family.

Compensation recovered

Careless procedure - leading to cerebral palsy

We were instructed by the parents of a girl who was born with brain damage, leading to cerebral palsy. Her parents believed this was entirely preventable and wanted to understand how it happened. Our investigation proved this to be correct.

Compensation recovered: seven figure payout