How Much Compensation Can I Get for Wrong-Site Surgery?

The Royal College of Surgeons reports that around 1 in 400 hospital admissions involve a surgical or medical error, with wrong-site surgery one of the most common errors.

Across England, the number of reported wrong-site surgery cases has risen by 46 percent over the last five years and most recently, Royal Devon University Healthcare NHS Foundation Trust revealed that 16 incidents of wrong-site surgery have taken place within a five-year period. These incidents included administering anaesthetic to the wrong site, performing biopsies on incorrect lesions ,and removing of the wrong anatomy.

Our clinical negligence lawyers are able to support individuals who need expert advice on whether they have valid grounds to pursue compensation for wrong-site surgery.

What is wrong-site surgery?

Wrong-site surgery occurs when a medical procedure is performed on the incorrect location of the body, the wrong patient or the wrong side. A common example is when a patient is scheduled for an amputation on the left leg, but the surgical team mistakenly operates on the right leg instead. These incidents are classified as “Never Events” by the NHS because they are considered entirely preventable when proper safety checks and protocols are followed.

Such errors can result in serious medical complications and long-term consequences that include chronic pain that continues even after the incorrect procedure and/or permanent disability requiring ongoing medical care.

How does wrong-site surgery happen?

At the Royal Devon University Healthcare NHS Foundation Trust, several factors have been identified as contributing to wrong-site surgery, including:

  • Incomplete or incorrect site marking
  • Failure to follow proper safety procedures
  • Communication breakdowns among surgical teams
  • Human error due to distraction

When can I make a compensation claim?

If you have experienced wrong-site surgery, you have three years from the date of the incident — or from the date you first became aware that the injury resulted from negligence — to file a claim.

There are important exceptions. For children, the three-year limitation period does not begin until their 18th birthday and for individuals who lack mental capacity, different rules may apply and time limits can be extended.

If you are unsure whether you are still within the time limit, contact our team for clear advice and guidance on your options.

How is compensation calculated?

Compensation for clinical negligence consists of two parts:

  • General damages, which cover physical pain, suffering, and emotional distress.
  • Special damages, to compensate for financial losses such as lost earnings or additional care costs.

When assessing general damages, it is important to consider the severity of the injuries and their long-term impact. Since wrong-site surgery claims can vary widely in the extent of harm caused, the compensation awarded will differ from case to case.

To estimate a compensation amount, legal professionals refer to the Judicial College Guidelines (JCG), which outline typical compensation ranges for different types of injuries. Examples (as at February 2026) include:

Leg Amputation

  • Above the knee – £127,930 – £167,760
  • Below the knee – £119,570 – £162,290

Arm Amputation

  • At the shoulder – Not less than £167,380
  • Below the elbow – £117,360 – £133,810

Foot Amputation

  • £102,470 – £133,810 (depending on factors such as the severity of pain or phantom limb pain, usability of prosthetics and any side effects)

Kidney Damage or Loss

  • Loss or damage of both kidneys – £206,730 – £256,780
  • Loss or damage of one kidney – £37,550 – £54,760

Total Loss of One Eye

  • £66,920 – £80,210 – (depending on age and cosmetic impact)

Severe Chronic Pain (e.g. Complex Regional Pain Syndrome )

  • £64,070 – £102,520 (for intense, persistent pain with potential to spread to other limbs; inability to work; high care needs)

How we can assist with making a compensation claim

Our specialist medical negligence team, which has been independently rated as one of the best in the UK, is experienced in dealing with surgical negligence claims. We work on a fully funded No Win, No Fee basis, and will be happy to provide you with a free consultation.

Call us on 0333 888 0412 or email info@medicalaccidentlawyers.co.uk

Wrong-Site Surgery

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