Undergoing surgery can be a life-changing experience, and most people rightfully place their trust in surgeons and hospital staff to carry out procedures safely and competently. However, surgical errors do sometimes occur, and when they do, they can have devastating consequences for patients and their families. If you have suffered harm as a result of a surgical mistake in Thame or the surrounding area, you may be entitled to claim compensation.

At Marley Solicitors, we specialise in handling medical negligence claims, including those stemming from surgical errors. In this guide, we will explain what surgical errors are, how they occur, what your rights are, and how you can take legal action with the help of our expert solicitors.

What is considered a surgical error?

A surgical error refers to a preventable mistake made before, during or after surgery that results in harm for the patient. Unlike known surgical risks, these mistakes often arise from a breach of duty, negligence, or a failure to follow proper protocols. Often, these errors are avoidable and result from human error or system failure.

Some examples of surgical errors include:

Performing surgery on the wrong part of the body
Retained foreign objects, such as surgical sponges or tools left inside the patient
Wrong patient surgery due to identity mix-ups
Nerve or tissue damage due to poor surgical technique
Anaesthesia-related complications from incorrect dosage or monitoring
Infections caused by poor hygiene or postoperative care
Failure to identify or respond to complications in a timely manner

These incidents can occur during elective surgeries, emergency procedures, cosmetic operations, or even minor surgical interventions.

Surgical error cases in and around Thame

Thame is served by a range of healthcare providers, including Thame Community Hospital, The Rycote Practice, and Oxford University Hospitals NHS Foundation Trust, which operates major surgical centres such as the John Radcliffe Hospital and the Nuffield Orthopaedic Centre in Oxford. While these facilities are generally well regarded, incidents of medical negligence, including surgical errors, can still happen.

As local residents rely on these facilities for both routine and specialist surgery, any failings in surgical standards can have a major impact on the community. If a local patient suffers harm from a surgical error, it is crucial to take legal advice from solicitors with experience in this area of law.

Causes of surgical negligence

Surgical errors can occur for many reasons, and understanding the underlying cause is a crucial part of any compensation claim. Common causes include:

Human error

Fatigue, distraction, or lack of experience can all lead to critical mistakes during surgery. Surgeons working long hours without sufficient rest are more prone to making poor decisions or overlooking essential steps.

Poor communication

Clear communication is vital during any medical procedure. If a surgeon receives the wrong information about a patient or their condition, the risk of an error increases significantly. Team members failing to share essential updates can also cause delays and preventable harm.

Inadequate planning

Before surgery, medical professionals should conduct thorough assessments and planning. Missing medical history, drug allergies, or failing to prepare for potential complications may result in serious consequences.

Surgical protocol breaches

Hospitals and surgical units must adhere to strict protocols regarding sterilisation, instrument counts, and post-operative monitoring. Deviations from these procedures can lead to infections, retained foreign bodies, and other complications.

Equipment failure

Sometimes, surgical equipment may malfunction due to lack of maintenance or manufacturing defects. While not always the fault of medical staff, hospitals have a duty to ensure that all instruments are in good working order.

The legal basis for claiming surgical error compensation

To succeed in a surgical error compensation claim, you must demonstrate that:

A duty of care existed between you and the medical professional or institution.
That duty was breached due to negligent action or inaction.
You suffered harm as a direct result of that breach.

This is known as proving “clinical negligence”. Evidence plays a vital role in this process, including medical records, witness statements, expert opinions, and photographs or test results.

Compensation may be awarded for:

Pain and suffering
Medical expenses for corrective treatment
Loss of earnings and future income
Long-term care and rehabilitation costs
Travel and other expenses linked to your injury
Psychological impact and loss of quality of life

Time limits for making a surgical error claim

In most cases, you must wait three years after the date of the surgical error or from the date you became aware of it (known as the “date of knowledge”) to start your claim. However, there are exceptions:

For children, the three-year period begins with their 18th birthday.
For those who are mentally incapable, there is no time limit unless capacity is regained.
In cases involving death, the family has 3 years after the death date or knowledge of negligence.

It is always best to seek legal advice as early as possible so that evidence can be preserved and your case can be built effectively.

How Marley Solicitors supports clients in Thame

At Marley Solicitors, we have a deep understanding of medical negligence law and a strong track record of securing compensation for clients across Oxfordshire, including Thame. We provide:

A free, confidential consultation to assess your claim
A clear explanation of your legal rights and the claims process
Access to top medical experts who can evaluate the standard of care you received
Skilled negotiation to secure a fair settlement
Representation on a no win, no fee service so you do not pay legal fees unless your case is successful

Our approach is both compassionate and thorough. We understand the emotional and physical impact of surgical mistakes, and we will support you throughout your journey to justice.

What to expect during your surgical error claim

Our surgical error claims process is designed to be as straightforward as possible. Here’s how it works:

Step 1: Free consultation

Step 2: Gathering medical records and evidence

We will request your full medical records and obtain expert opinions to establish whether negligence occurred and what harm was caused.

Step 3: Letter of claim

We send a formal letter to the hospital, NHS trust, or private clinic responsible for your care, outlining the allegations of negligence and your injuries.

Step 4: Response from the defendant

The healthcare provider must respond within four months, either accepting or denying liability.

Step 5: Negotiation or litigation

If liability is accepted, we begin negotiations for settlement. If denied, we may proceed to court. Most claims are resolved without the need for a trial.

Why choose Marley Solicitors?

We are committed to delivering high-quality legal representation tailored to each client’s needs. Our local knowledge of the Thame area, combined with our national expertise in medical negligence, makes us a leading choice for residents seeking justice for surgical errors.

We offer:

Transparent communication and regular updates
A dedicated solicitor working on your case from start to finish
No hidden fees or unexpected charges
Sensitivity and discretion at every step

The impact of surgical errors on your life

Beyond the physical consequences, surgical errors often cause emotional distress, anxiety, and a loss of trust in the healthcare system. Recovery may involve additional surgeries, long-term treatment, and time away from work or family life. The financial and emotional toll can be overwhelming.

Pursuing compensation is not only about receiving a financial award. It is also about holding those responsible accountable and securing the support you need to move forward.

Local medical services in Thame

Patients undergoing surgery in Thame may be treated at the following local facilities:

Thame Community Hospital – part of Oxford Health NHS Foundation Trust
The Rycote Practice – offering GP and outpatient services
John Radcliffe Hospital (Oxford) – a regional centre for trauma and surgical care
Nuffield Orthopaedic Centre (Oxford) – specialist orthopaedic and spinal surgery
BMI The Manor Hospital (Headington) – private surgical services for local residents

Whether your procedure took place at an NHS facility or a private hospital, Marley Solicitors can assess your situation and advise on your legal options.

FAQs about surgical error claims in Thame

Can I make a claim for a surgical mistake that happened years ago?
Yes, provided it falls within the three-year time limit of the date of knowledge. If you only recently became aware that a past surgery involved negligence, the clock may start from that point. Contact us as soon as possible to assess your eligibility.

How much compensation can I receive for a surgical error in Thame?
The amount varies based on the severity of the injury, impact on your life, and the financial losses incurred. Minor injuries may result in compensation of a few thousand pounds, while life-altering or permanent disabilities may be awarded six-figure sums. We will provide an accurate estimate based on expert evaluations.

Contact Marley Solicitors for expert legal advice in Thame

If you or a loved one has been harmed due to a surgical error, do not delay in seeking legal advice. Marley Solicitors is here to help you understand your rights and pursue the compensation you deserve. We offer a free consultation and operate on a no win, no fee service basis.

Call our expert team today or contact us online to begin your claim for surgical error compensation in Thame.

Thame

Surgical error compensation in Thame: everything you need to know