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Wrong site surgery claims

If you’ve suffered a wrong site surgery, you may be feeling confused or unsure what to do next. You could be entitled to compensation and support. Our specialist solicitors can guide you through your options with care and understanding.

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Reviewed by

Michael Blakemore-Carson

Associate & Litigation Executive

Last Updated

5th October 2026

Can I make a wrong site surgery claim?

If you’ve had surgery on the wrong part of your body, you may be able to make a wrong site surgery claim. This might mean that your surgery was carried out on the wrong limb or on the wrong organ. We understand that this can be a deeply upsetting experience, especially if you’re facing further treatment or a longer recovery.

Wrong site surgery is classed as a ‘never event’, which means it is an event that should never happen within healthcare. Unfortunately, this isn’t always the case. Wrong site surgery can happen due to errors such as incorrect records or poor communication between medical teams. Other ways wrong site surgery can occur is if health care professionals fail to correctly identify or mark the surgical site. If a mistake happened because the appropriate checks or procedures were not followed, you may have grounds for a claim.

 

You don’t need to be sure that negligence caused the mistake before getting advice. Even if you’re unsure what went wrong or some time has passed since your surgery, it’s worth speaking to our specialist solicitors. They can listen to what happened and explain whether you may be eligible to claim. Our team are here to guide you through the process with support from day one.

Example of a wrong site surgery claim

A patient is due to have surgery on their left knee, but the procedure is carried out on their right knee instead. If the wrong site surgery happened because the correct checks weren’t carried out, records were poorly maintained and medical teams failed to communicate appropriately, they may be able to make a claim for compensation.

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What compensation can help with

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Recovering lost income and pay for the care you need in the future.

When we build your case and organise a compensation package, we consider all the ways that the negligence has impacted your life. Our goal is always to help you reach a position that is a close as possible to where you might have been if the negligence has never happened. Compensation could provide financial security after wrong site surgery or give you the ability to pay for further treatment or support. This could include rehabilitation or mobility aids where these are needed.

 

You may need extra medical treatment because of the harm you suffered. Compensation can help cover the cost of private treatment, where this is appropriate. It may also help fund rehabilitation if you need support to regain your strength or independence. The impact can extend to other parts of your life too. You may need specialist equipment because of your injury. You might need to make changes to your home. You could also face extra travel costs when attending appointments. 

 

It can also help with changes to your home or support with your mental wellbeing. The aim is to help you maintain the best quality of life possible, whether you need support for a short time or for many years to come.

 

The amount you could receive in compensation will depend on how seriously your life has been affected. Your age and ability to work may also be considered, along with the care you need.

Understanding the potential value

If a patient needs surgery on their left knee, but the surgeon mistakenly operates on the right knee, this could be negligence because the patient suffered unnecessary pain and may need further treatment. The compensation for this could look to cover the pain and suffering as well as any costs the patient might have had. This can mean any loss of earnings or the cost of any additional support and treatment.

 

Understanding interim payments

In some cases, you may be able to receive an interim payment before your claim has finished. This can help you to access financial support while your case is ongoing, giving you access to money sooner to help with immediate financial pressures while your solicitor continues to work towards a final settlement. Often, interim payments can fund specialist treatment, medications or rehabilitation before the final settlement is reached.

Why choose Fletchers for your wrong site surgery claim?

Our specialist solicitors have extensive experience supporting people affected by wrong site surgery. Backed by a multidisciplinary team and medical experts, we combine specialist knowledge with a proven track record to build strong claims and secure the support you need.

Expertise you can rely on

  • Specialists in wrong-site surgery and surgical negligence claims
  • Recognised experts in complex medical negligence law
  • A strong track record of achieving successful outcomes for our clients
  • We work with leading independent medical experts to investigate what went wrong and build robust, evidence-based claims
  • Clear, honest advice at every stage, so you understand your case, your options and what happens next
  • Compassionate, client-focused support from a team that understands the physical and emotional impact of wrong-site surgery
  • No Win, No Fee – pursue your claim without the financial risk of upfront legal costs

You're not alone

We’ve helped many people who suffered wrong-site surgery.

Wrong-site surgery can have a profound impact on your life. You may be dealing with ongoing pain and a longer recovery than you anticipated. You might need further surgery whilst you’re still in shock about what happened during your wrong site surgery, knowing that something went seriously wrong.

 

The effects can extend far beyond your physical injuries. You may have lost confidence or independence and found that everyday activities you once enjoyed are no longer possible. The financial pressure of time away from work or additional care and treatment can make an already difficult situation even harder.

 

You may also be feeling anxious or uncertain about the future. These are understandable responses to what you have been through, and you do not have to face them alone. Many of our clients have come to us feeling overwhelmed and unsure where to turn. We take the time to understand your circumstances and explain your options clearly, so you can focus on moving forward while we help you pursue the answers and compensation you deserve.

FAQs about wrong site surgery claims

What is considered wrong-site surgery?

Wrong-site surgery is when a surgical procedure is performed on the wrong part of the body. This can include operating on the wrong side of your body or on the wrong limb. In some circumstances, performing the wrong procedure or operating on the wrong patient may also amount to a serious surgical error.

How long do I have to make a wrong-site surgery claim?

In most medical negligence claims in England and Wales, you generally have three years from the date of the negligence or from the date you first became aware of it. There are exceptions to these rules, so it is important to seek legal advice as soon as possible.

What if I agreed to surgery but the wrong area was operated on?

Consent to surgery does not necessarily mean you consented to surgery on the wrong part of your body. If the procedure carried out was different from the treatment you agreed to, you may have grounds to investigate a medical negligence claim. The circumstances of your consent and what happened during the operation will need to be carefully considered.

Can I claim if the hospital admits that the wrong-site surgery happened?

Yes. An admission by a hospital or healthcare provider can be important evidence, but it does not automatically determine the amount of compensation you may be entitled to. A claim will usually need to consider the consequences you have suffered, as well as any further treatment and care you may require in the future.

Will making a wrong-site surgery claim affect my future medical treatment?

Making a claim should not prevent you from receiving the medical care you need. Your health and treatment should remain the priority. If you are concerned about making a claim against a hospital or healthcare professional involved in your ongoing care, we can explain how the claims process works and discuss your circumstances with you.

Can I make a claim for a family member?

Yes. You may be able to bring a claim on behalf of a child, a loved one who lacks mental capacity, or someone who has passed away. We’ll explain who can act, what evidence is needed and how the process works.

How does a No Win No Fee agreement work?

A No Win No Fee agreement means you can pursue your surgical negligence claim without paying any legal fees upfront. If your claim is unsuccessful, you won’t owe anything. If your claim succeeds, a percentage of your compensation will be deducted as the solicitor’s fee. This arrangement removes the financial risk of making a claim, making the process accessible regardless of your financial situation.

What evidence is needed for a surgical negligence claim?

The key evidence in a surgical negligence claim typically includes your medical records, expert medical opinion, and any evidence of the losses you’ve suffered as a result of the negligence. You don’t need to gather this yourself. We’ll access your medical records, consult with independent medical experts, and build the evidence needed to support your claim on your behalf.

What support will I receive during my claim?

From the first conversation, our focus is on making things feel clearer and more manageable for you. Your solicitor will guide you through every stage of the process, explaining what’s happening and what comes next in plain language.

Where appropriate, we’ll also work closely with case managers and medical professionals to help you access the right care and rehabilitation as early as possible – not just at the end of your claim. Our aim is to support your recovery alongside pursuing the compensation you’re entitled to.

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