Claiming compensation for a wrong-site surgical mistake.
What is wrong-site surgery?
Wrong site-surgery occurs where a surgeon performs an operation on:
- The wrong part of the body
- The wrong patient; or
- Performs the completely wrong procedure
Where wrong-site surgery occurs, it can have serious physical, psychological and life-changing consequences for a patient. Wrong-site surgery is a type of clinical negligence that is classed as a ‘never event’ in the NHS, because when proper and effective protocols are in place and adhered to, this type of negligence should never occur.
Despite being classed as ‘never event’, unfortunately wrong-site surgeries do still happen, as demonstrated by the recent news that Royal Devon University Healthcare NHS Foundation Trust performed 16 cases of wrong-site surgery between 2020 and 2025.
Why does wrong-site surgery happen?
Wrong-site surgery can occur for a number of reasons, including:
- Incomplete or inaccurate patient records
- Ineffective verification protocols
- Poor communication within surgical teams
- Failure to follow established surgical procedures and safety checklists
- Pre-operative errors such as failures to mark surgical sites and review medical records
- Training and supervision failures
- Clinical pressure and stress management
What are the effects of wrong-site surgery?
Patients who are victims of negligence as a result of wrong-site surgery can be left with severe physical and psychological consequences that can affect them for the rest of their lives, including:
- Permanent physical damage and disability, such as the removal of healthy organs, unnecessary scarring and nerve damage, and in more extreme cases, incorrect limb amputation
- Trauma that affects a patient’s mental health caused by anxiety and depression
- Loss of trust and faith in the healthcare system
- Detrimental impact on a patient’s ability to work and their relationships
- The need for further corrective surgery
While all surgery carries risk, surgical teams should do everything they can to ensure that these risks are minimised, particularly for negligence classed as ‘never event’.
What can be done to reduce instances of wrong-site surgery negligence?
Instances of wrong-site surgery negligence can be limited and avoided through the following ways:
- confirming the site of the operation with the patient and marking it accurately before the procedure
- verification of patient identity, surgery site and the procedure to be performed
- involving the patient by asking them to confirm the procedure that they are undergoing and addressing any concerns or questions that they have
- ensuring safety guidelines and protocols are followed at all times
- clear communication between the surgical team
- ensuring all medical records and operation notes are kept up to date and accurate
- Providing up to date training for surgical teams to ensure they have a clear understanding of the most recent safety protocols
Can I claim compensation for wrong-site surgery ?
In order to bring a clinical negligence claim for a wrong-site surgical mistake, you will need to demonstrate that the expected standard of care was not met as a result of the surgical error and that this breach of duty of care directly resulted in you sustaining injury. It should be noted that as wrong-site surgery is classed as a ‘never event’, liability is unlikely to be disputed.
When considering whether to bring a clinical negligence claim, it is also important to be aware that there is a three year limitation period from the date of incident (when the surgery was performed) or from the date of knowledge (when you become aware of the surgical error). Due to the nature of wrong-site surgery claims, the limitation date will usually run from the date of incident.
Our clinical negligence team has a wealth of experience in dealing with claims resulting from wrong site surgery and would be happy to discuss any questions regarding how to bring a claim and the limitation period that will apply.
How we can help you claim compensation for a wrong-site surgical mistake on a No Win, No Fee basis
If you have been the victim of wrong-site surgery and would like to discuss bringing a clinical negligence claim, then please call our free helpline or email brief details of your case to us in complete confidence.
We will investigate your case free of charge and provide details of our popular No Win, No Fee funding scheme.
We are also happy to provide a second opinion on any medical negligence case where another solicitor has declined to assist.
