If surgical negligence has set you back, we'll help you move forward
Wrong-site surgery is a serious and preventable form of medical negligence, where a surgical procedure is carried out on the wrong part of the body.
If your life, or the life of a loved one, has been affected by medical negligence, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.
You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.
You are not alone
'Never events' are defined by the NHS to be incidents that are wholly preventable and that could cause a patient serious harm. These events include incidents where a surgeon has operated on the wrong part of a patient's body (wrong site surgery).
738 general surgery negligence claims were referred to NHS Resolution in 2022/23 (resolution.nhs.uk).
The According to NHS England, there were 410 never events in the 2022/23 period.
How much compensation can I claim for wrong site surgery negligence?
The compensation you can claim for wrong site surgery negligence depends on several factors:
- how serious the injury is,
- the way your injury affects your day-to-day life and work,
- any financial losses or costs you have incurred due to your injury.
Wrong site surgery
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Updated January 2025
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Average wrong site surgery general damages compensation table
The following wrong site surgery payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Arm injury
| Severity | Example | Amount |
|---|---|---|
| Amputation | One arm below elbow | £106,690 to £121,650 |
| Amputation | One arm above elbow | £121,650 to £145,250 |
| Amputation | One arm at shoulder | Over £152,160 |
| Amputation | Both arms | £267,140 to £332,820 |
Female reproductive injury
| Severity | Example | Amount |
|---|---|---|
| Failed sterilisation and unwanted pregnancy | No serious psychological impact; | Around £11,320 |
| Infertility - where no plan to have children | Injured person would not have further childern e.g. due to age; | £7,330 to £20,730 |
Finger injury
| Severity | Example | Amount |
|---|---|---|
| Amputation | Amputation of the little finger | £9,590 to £13,580 |
| Amputation | Amputation of the ring or index finger | Around £27,730 |
| Amputation | Amputation of the terminal phalanges of the index and middle fingers | Around £24,200 |
| Amputation of fingers | Where your grip is severely weakened and/or you are unable to use your hand | £68,680 to £100,680 |
Foot injury
| Severity | Example | Amount |
|---|---|---|
| Amputation | One foot | £93,150 to £121,650 |
| Amputation | Both feet | £187,940 to £223,550 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Amputation | Below-knee amputation of one leg | £108,700 to £150,780 |
| Amputation | Above-knee amputation of one leg | £116,300 to £143,420 |
Male reproductive injury
| Severity | Example | Amount |
|---|---|---|
| Sterility | With no intention of having children | £7,340 to £20,730 |
| Sterility | Affecting an older man | £7,340 to £20,730 |
| Sterility | With the intention of having children | £19,930 to £40,760 |
| Sterility | Sterility without impotence affecting younger man without children | £62,210 to £79,160 |
| Sterility - young man | Sterility affecting a younger man, caused by traumatic injury or with complications | £62,210 to £79,160 |
Non-facial body scars
| Severity | Example | Amount |
|---|---|---|
| Minor | Burns with scarring and ongoing pain | £2,630 to £8,690 |
| Moderate | Scarring such as an exploratory laparotomy scar | Around £9,590 |
Psychiatric harm
| Severity | Example | Amount |
|---|---|---|
| Lesser | Falling short of specific phobias | £1,710 to £6,500 |
| Moderate | Your daily life, ability to work and relationships are affected, but some recovery is expected with treatment | £6,500 to £21,150 |
| Serious | Your daily life, ability to work and relationships are seriously affected | £21,150 to £60,840 |
| Severe | Your daily life, ability to work and relationships are severely affected, with lower prospects of recovery with treatment | £60,840 to £128,400 |
General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of wages, commission and any other income, damage to your car, special damages can cover any care costs and medical procedures you need, such as corrective surgery and psychological support.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Do I have a wrong site surgery claim?
Yes, you can claim for wrong site surgery negligence, if:
- you became ill within the last 3 years, and;
- someone else was responsible, and;
- they owed you a legal duty of care.
Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
How long do I have to start a wrong site surgery claim?
For a wrong site surgery claim, you usually have 3 years to make a claim from the date you became aware of the negligent treatment (date of knowledge).
If you are under 18, a parent, guardian or adult 'litigation friend' can make a claim on your behalf. Once you turn 18, you have until your 21st birthday to start a clinical negligence claim.
The psychological impact of wrong site surgery
If a healthy part is operated on in error, the Courts recognise that a patient may suffer harm both physically and mentally. In addition to the possible psychological trauma, the result of surgery on the healthy part may seriously impact the patient's quality of life and life expectancy.
By delaying the correct surgery, the pain and suffering caused by the patient's existing condition may be unnecessarily prolonged. The patient's condition may also deteriorate, and it is possible that they could develop other complications that would not have occurred if the surgeon had operated on the correct area in the first instance.
Why do wrong site operations happen?
Wrong-site surgeries can result from various factors, including GP negligence leading to the passing of inaccurate information to surgeons, surgeon errors in preoperative planning or during the surgery, and systemic issues like miscommunication among medical staff, incorrect surgical site marking, or misinterpretation of medical data.
These errors often stem from breakdowns in preoperative protocols, rushed procedures, and human factors. Implementing strict checklists and thorough verification processes are essential in order to minimise the risk of wrong-site surgery.
What are the obligations of medical professionals performing operations?
In order to prevent wrong site operations and other never events, the World Health Organisation (WHO) has prescribed a surgical safety check-list.
Any organisation which engages in surgery is obliged to ensure that both an executive and a clinical lead are appointed in order to administer the check-list.
Prior to surgery, WHO states that the patient must be fully informed about exactly what the procedure involves and of any potential risks or side effects of the procedure. The patient must indicate that they understand all these details by providing written consent.
The area of the which is to be operated on should be marked in advance of the surgery, and the medical professionals involved should be fully conversant with the patient's history, including any allergies or increased risks. The surgical team should have a clear understanding of the exact details of the procedure, including specific equipment requirements and any concerns that the patient may have.
Wrong-site surgery clinical negligence claims
Wrong-site surgery negligence claims are usually made on the grounds of clinical negligence. Click the icon below to find out more about the process.
Can I make a no win, no fee wrong site surgery claim?
Yes. With no win, no fee, you can claim wrong site surgery compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to a medical negligence specialist about your claim?
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Call 0800 376 1001
or arrange a callbackAuthor:
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.