Surgical errors, in short
Every operation carries risk, but some outcomes are caused by negligence. If a surgical error harmed you, we can help you find out whether you have a claim. United Legal is a Canberra firm based in Fyshwick. We work on a No Win, No Fee basis and your first conversation is free.
Surgical Negligence: what you need to know
Not every bad surgical outcome is negligence. A claim usually depends on whether the surgeon or hospital fell below the accepted standard of care, and whether that caused your injury.
Failing to warn you properly about a material risk before surgery can also give rise to a claim, if you would not have gone ahead had you been told.
Surgical errors we help with
- Damage to nerves, organs or blood vessels
- Wrong-site or wrong-patient surgery
- Instruments left inside the body
- Anaesthesia errors
- Failure to warn of material risks
- Poor post-operative care
Surgical errors and complications
Surgical negligence can include operating on the wrong site, damage to nerves or organs, retained instruments, poor technique, or failing to warn about material risks. Inadequate care after surgery, such as missing a post-operative infection, can also be negligent.
Many complications happen even with good care, so the key question is whether the surgeon or hospital fell below the accepted standard. Whether you were properly warned of risks before consenting is often central to these claims.
What you can claim
If a doctor, hospital or other health provider fell below the accepted standard of care and that caused you harm, you may be able to claim compensation for pain and suffering, past and future loss of earnings, medical and treatment costs and care and assistance. Every claim needs an independent medical expert to review what happened.
Read more about medical negligence claims.
Evidence that helps your claim
You do not need to have everything before you call us, but these records make a medical negligence claim stronger. Keep copies of anything you have:
- Your medical, hospital and test records
- Notes of what you were told and when
- Receipts for treatment and medication
- Names of the doctors and staff involved
- Any complaint letters and responses
How much could a surgical errors claim be worth?
Every claim is different. The amount depends on how serious the harm is, your past and future medical costs, the care you need, your lost earnings, and how strongly the expert evidence supports the claim. We give you an honest estimate once we understand your situation, and we prepare every claim to get its full value rather than settling early.
Why people choose United Legal
- Three lawyers on every case. Your claim is checked by more than one experienced lawyer, start to finish.
- A local Canberra firm since 2004. We know the ACT schemes, insurers, doctors and courts.
- No Win, No Fee. No upfront costs, and you get a written costs agreement before we start.
- Serious injury experience. Our results include a $20m+ settlement and a $1.4m workers compensation claim.
Watch: surgical errors
What to do now
- Write down what happened, when, and who treated you.
- Ask for a copy of your medical records, or let us request them for you.
- Keep receipts for treatment, medication and travel.
- Talk to a lawyer before you sign any release or accept an offer.
Surgical errors: FAQs
My surgery went wrong. Does that mean the surgeon was negligent?
I was not told about the risk that happened to me. Can I claim?
I signed a consent form. Can I still claim?
Do I need to see another surgeon?
How much does a medical negligence lawyer cost?
Is there a time limit?
Find out where you stand.
Free claim check · No Win, No Fee