Surgeon and Hospital Care Failures – Your Right to Claim

When you go into hospital, either for planned care or as a result of a medical emergency, all hospital staff and surgeons are duty bound to safeguard you from harm. If the care you receive falls below an acceptable standard and you suffer illness, injury, or the exacerbation of an existing illness or injury, as a result of sub-standard care, you have the right to claim medical negligence compensation for any associated financial losses and your pain and suffering.

The medical negligence solicitor team at Wellers Law can determine whether you have a valid claim against a surgeon or the hospital in which you suffered medical negligence and we can help you understand how you can prove your case.

Surgical claims

During a surgical procedure, the surgeon and associated hospital staff owe you a duty to ensure that the care you receive does not cause you harm, injury or illness. There are a number of different ways in which a surgeon and the healthcare team can fail in this duty of care, including:

  • Failure to warn of the risks of surgery.
  • Performing surgery on the wrong body part.
  • Leaving foreign objects inside the patient’s body.
  • Causing avoidable damage to tissue, arteries, nerves and muscle.
  • Failure to manage an emergency during a surgical procedure.
  • Failure to follow up after surgery.
  • Hospital-acquired infections such as MRSA or sepsis.

The above are just some of the most common surgical failures and if you feel you have suffered as a result of another type of clinical negligence relating to surgery or a hospital procedure, contact Wellers Law so that we can discuss whether you would be able to make a claim.

Download the Wellers personal injury claim guide

To help answer some of the most common questions about making a claim for compensation, we have developed a free Personal Injury Claim guide. Click on the link below to download your copy.

Personal Injury Claim Guide

Making a medical negligence claim with Wellers

There are strict time limits which apply when making a medical negligence claim against a hospital or a surgeon. You have three years to make a claim from the date of the surgery, or, if the injury did not become apparent for a period of time afterwards, the three-year time-bar period begins on the date you know (or should reasonably have known) that it was the surgery which caused the harm.

Suing the NHS and making a medical negligence compensation claim against a doctor, surgeon or healthcare practitioner is a complex process, and our experienced and dedicated personal injury team can provide expert representation, with extremely high levels of success. We will listen to the circumstances of your case during a free no-obligation interview and this will help us to consider the likelihood of success.

Our medical negligence solicitors are members of the Association of Personal Injury Lawyers (APIL).

For professional and caring help with your medical negligence claim contact us on 0208 290 7958 and ask to speak to one of our personal injury lawyers or email

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