Wrong Site Surgery Negligence Claims

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

Your Guide to Compensation After a Serious Surgical Error

Wrong site surgery negligence claims arise when a surgical procedure is performed on the wrong part of the body, on the wrong side or even on the wrong patient. This type of error can have a devastating impact on a patient. They tend to occur when critical checks fail, such as marking the correct surgical site, proper identification of a patient or even a failure in communication between surgical teams.

When it comes to the law, it falls under clinical negligence which is in place to help anyone who has been harmed due to substandard medical treatment.

So if this has happened to you, or a loved one, our guide below explains exactly what is considered wrong site surgery and how you go about starting a clinical negligence claim.

How Does Wrong Site Surgery Affects Patients?

Unfortunately, wrong site surgery can have a severe effect on a patient which the NHS calls a never ever event.  In a provisional report by NHS on never ever events during April 2025 to March 2026, there were 403 incidents, of which wrong site surgery accounted for 116 incidents. This is a reduction from the previous year when there were 185 reports of wrong site surgery.

In such an occurrence, patients may experience:

• Physical injury: damage to healthy organs or tissues.
• Loss of function: reduced mobility or permanent disability.
• Psychological harm: anxiety, depression, or trauma.
• Financial loss: time off work, reduced earning capacity, or ongoing care needs.
• Additional medical treatment: corrective surgery, rehabilitation, or long‑term monitoring.

These consequences which are the harm you suffered because of the error, form the foundation of your compensation claim.

How to Start a Wrong Site Surgery Claim

If you believe you have suffered wrong site surgery, you can start your claim by taking the following steps:

1. Seek Immediate Medical Attention

Get appropriate treatment to address the harm caused. This also creates vital medical records that support your claim.

2. Request Your Medical Records

You have the right to access your NHS medical records and you can do this by completing an Access to Health Record Request.  These documents help establish what went wrong and when.

3. Document Your Experience

Record everything by keeping a symptom diary, including:

• Symptoms
• Pain levels
• Appointments
• Conversations with medical staff
• Photographs of injuries

This evidence can go a long way to strengthening your case.

4. Contact a Specialist Clinical Negligence Solicitor

Wrong site surgery claims are generally complex and require expert handling. We partner with specialist solicitors who are experienced in clinical negligence. They offer a free, initial assessment and will:

• Review your medical records
• Identify breaches of duty
• Obtain independent medical reports
• Calculate what your compensation may be.
• Manage negotiations with the NHS or private provider

5. Undergo an Independent Medical Assessment

An independent expert will assess the harm caused and provide a report that supports your claim.

6. Submit Your Claim

Your solicitor will submit your claim to the responsible organisation. Most claims settle through negotiation, but some may proceed to court if liability is disputed.

What Compensation Can You Receive for a Wrong Site Surgery Negligence Claim?

Compensation aims to help you recover and rebuild your life. Therefore, you may receive damages for:

• Pain and suffering
• Loss of earnings
• Future loss of earnings
• Medical expenses
• Rehabilitation costs
• Psychological harm
• Travel expenses
• Care and support needs

Your solicitor will be able to calculate your damages based on medical evidence and the long‑term impact of the surgical error

When Can You File a Personal Injury Claim for Wrong Site Surgery in England and Wales?

To file a successful claim, you must be able to show that the surgical error resulted from clinical negligence. In England and Wales, this requires meeting three legal criteria:

1. Duty of Care

Every surgeon, anaesthetist, nurse, and operating theatre professional owes you a duty of care. This duty begins the moment they accept responsibility for your treatment.

2. Breach of Duty

Wrong site surgery is regarded as a breach of duty as the surgical team clearly failed to meet the standard expected of competent medical professionals.

3. Causation

However, you must show that the surgical error caused harm. This may include:

• Additional surgery
• Permanent damage
• Loss of function
• Infection
• Scarring
• Psychological trauma
• Delayed recovery

If the above three criteria are met, you can file a personal injury claim for clinical negligence.

Examples of Wrong Site Surgery

Wrong site surgery can occur in many forms. Here are some common examples:

• Removing the wrong kidney
• Operating on the wrong eye
• Performing a biopsy on the wrong organ
• Carrying out a procedure intended for another patient
• Operating on the wrong limb
• Performing the wrong type of surgery due to miscommunication

These errors may typically from failures in pre‑operative checks, rushed procedures, mislabelled documentation, or breakdowns in communication between surgical staff.

Quick List for Wrong Site Surgery Negligence Claims

• Wrong site surgery is one of the clearest forms of clinical negligence.
• Claims typically succeed because the error is entirely avoidable.
• The NHS classifies wrong site surgery as a never event.
• Patients have three years to file a claim from the date of knowledge.
• Independent medical evidence is essential for proving causation.

FAQs: Wrong Site Surgery Negligence Claims

Can I claim against the NHS?

Yes. NHS Trusts handle clinical negligence claims through NHS Resolution.

Do I need to go to court?

Most wrong site surgery claims settle without going to court. However, if liability is disputed, your solicitor may advise proceeding to trial.

What is the time limit for making a claim?

You generally have three years from the date of the incident or the date you became aware of the harm.

Will making a claim affect my future medical care?

No. You have the right to safe treatment, and making a claim does not affect your access to healthcare.

Should I speak to a clinical negligence solicitor to make a negligence claim for wrong site surgery?

It’s advisable to consult with a clinical negligence solicitor for a wrong site surgery negligence claim as these claims are complex and a solicitor understands how to claim for maximum compensation. They often include a free, initial consultation with no obligation during which a solicitor will assess whether you have a valid clinical negligence claim.

How We Can Help

If you or a loved one has suffered wrong site surgery negligence and want to find out more about filing a claim for compensation, call us at 0333 358 3034 or visit our Contact Us Page.

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.