Claims for surgical errors

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Chambers UK
Clinical Negligence

Surgical errors and mistakes can give rise to clinical negligence claims. The grounds for these claims differ widely.

We have investigated cases where the surgery itself was negligently performed and led to a much worse outcome for the patient or resulted in an avoidable complication. We have also acted for clients where the problems that have arisen are incidental to the surgery, such as where there is a failure to monitor a patient properly and to detect and prevent problems arising during the procedure or during the patient's recovery.

Penningtons Manches advises on cases covering the full range of medical specialisms, including not only hospital negligence claims against the surgeon, but also other members of the operating team, such as anaesthetists.

Common injuries and grounds for surgery claims include:

  • failure to diagnose or operate with appropriate urgency
  • failure to consider or advise on surgical risks properly
  • failure to identify damage caused by surgery
  • failure to remove surgical instruments and swabs
  • failure to take appropriate precautions to avoid post-operative infections
  • failure to monitor post-operatively

Penningtons Manches' experienced team can advise in relation to a wide range of claims.

Recent work highlights

£130,000 for bowel injury

Agreeing £130,000 plus costs for a negligent injury to the bowel of our client during the removal of his gall bladder. He continues to suffer from continence problems, a large abdominal hernia and depression.


£12,000 for failure to remove ectopic pregnancy

Winning £12,000 damages against the surgeon who failed to remove an ectopic foetus during surgery. Our traumatised client had to undergo a second laparoscopic procedure, leaving her with additional scars and a longer recovery period.


£75,000 settlement for negligent knee surgery

Settling a case against a private orthopaedic surgeon for performing an inappropriate and technically unacceptable partial knee replacement (PKR) on our client who had a pre-existing knee condition which meant that the surgery had no chance of success.

See more detailed case studies

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Penningtons Manches LLP

Penningtons Manches LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority. San Francisco is an associated office.

Penningtons Manches LLP