Operations should always be performed to an appropriate standard of care and surgical technique. However, mistakes can happen during any operation and can cause you unnecessary pain and suffering. If you have suffered an injury as a result of surgical negligence i.e. because of a mistake made by a doctor, surgeon, or other healthcare practitioner, you may be entitled to compensation.
How we can help
At Hay & Kilner, we have many experienced solicitors (David Bradshaw, Lauren Hall, Helen Morland, Michael Taylor, Michael Scobie, Sophie Moss) to help with your surgical negligence claims.
Who can bring a surgical negligence claim?
If you have suffered harm, or financial loss, as a result of negligent surgical treatment, you may be able to make a surgical negligence claim irrespective of whether the operation was performed under the NHS or on a private basis.
Hay & Kilner have acted for clients whose complaint relates to a range of surgical negligence claims including:
- Anaesthetic awareness
- Foreign objects left in the body
- Failure to obtain appropriate consent pre-operatively
- Damage to internal organs intra-operatively
- Plastic surgery errors
In some cases, serious injury claims may arise from surgical errors. Our experienced serious injury solicitors can assess your case.
Why choose Hay & Kilner?
Hay & Kilner’s team of specialised clinical negligence solicitors has recovered hundreds of thousands of pounds of compensation on behalf of their clients in surgical negligence claims.
We provide a high-quality service and our medical negligence experts will take the time to get to know you, and understand exactly what you have been through with your operation to get you the compensation you deserve. We represent clients of surgical negligence throughout the North East and are happy to come out to see you at home if you are unable to attend the office.
When to make a surgical negligence claim?
An Act of Parliament sets out time limits for bringing a clinical/surgical negligence claim. Failure to issue proceedings within this time scale may mean that the surgical negligence claim is time barred and cannot proceed.
The Limitation Act provides that the time limit is three years from the date on which harm resulted from the allegedly negligent action (usually the date of the operation); or, if later, the date when you became aware that you received negligent surgical treatment.
In the case of minors that is for the people who are under the age of 18 years, the limitation period does not begin to run until their 18th birthday.
If the injured person is suffering from a mental disability the time limit does not start to run until mental capacity has returned. If mental capacity never returns then an action for damages can be started at any time in the future even though the primary 3-year limitation period may have expired.
Find out more about when to pursue a surgical negligence claim with our article: Is it too late to bring a clinical negligence claim?
How much does it cost to make a surgical negligence claim?
There are several ways a surgical negligence claim can be funded; the most common being under a Conditional Fee Agreement on a ‘no win no fee’ basis. Find out more about No Win No Fee, and the different ways to fund your potential surgical negligence claim, with other options for funding your medical negligence claim.
How long will a surgical negligence claim take to settle?
Surgical negligence claims can take anywhere from a few months to a few years to reach a resolution. The likely timescale usually depends on the severity of your injuries and whether or not your doctor or other healthcare practitioner accepts responsibility for your injuries.
How do I start a surgical negligence claim?
If you think you may be entitled to compensation for an injury you have suffered as a result of an operation, contact our team on 0191 232 8345 or using our online contact form and we will arrange an initial appointment to discuss your potential surgical negligence claim free of charge.
Meet the team
Lauren Hall
Lauren has successfully recovered substantial damages for clients in respect of clinical and dental negligence.
David Bradshaw
A Partner in the firm, David has over 30 years’ experience working in the clinical negligence field and handles some of the most complex and substantial of our medical negligence cases.
Helen Morland
Helen has a varied and complex caseload with significant expertise in cases involving cerebral palsy, brain injury claims, spinal injury, and cancer.
Michael Scobie
Michael is an experienced solicitor acting on behalf of individuals who have suffered injury as a result of medical negligence and on behalf of families where medical negligence has resulted in the loss of a loved one.
Michael Taylor
As an Associate Michael has assisted clients across a range of clinical negligence claims including catastrophic birth, brain, and spinal injuries.
Sophie Moss
Sophie has a varied caseload with experience dealing with all types of cases. She has experience dealing with all aspects of a claim from the taking of initial instructions and assessment of merits, to preparation of trial bundles and attendances at settlement meetings.
Athena Fernyhough
Athena is a Trainee Solicitor who sits in our Clinical Negligence team.
Sabrina Tang
Sabrina supports all members of the Clinical Negligence Team.
Ailish Simpson
Ailish graduated from Northumbria University with a First Class Masters degree in Law and joined the Clinical Negligence and Personal Injury team in September 2024.
Nina Kennett
Nina assists all members of the clinical negligence department in a variety of cases
Expert commentary & updates
Complaints about medical care and treatment
Our step-by-step guide on how to make a complaint about medical care and treatment. Contact us today for a free, no-obligation initial consultation.
Leading the way in clinical negligence claims
Discover how Hay & Kilner’s top-ranking clinical negligence team in Newcastle, led by Lauren Hall, offers expert, empathetic legal support across a wide range of medical malpractice claims.
Settlement following a negligent surgical procedure
Michael Taylor, from our Clinical Negligence Team, outlines a successful settlement after negligent surgery, providing expert clinical negligence guidance for those affected by surgical errors.
Settlement following negligent ankle surgery
Hay & Kilner’s clinical negligence team secures a six-figure settlement after negligent ankle surgery, providing expert legal support and compensation for avoidable harm.
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