When an error occurs during surgery, patients can be left in unnecessary pain, giving them the option to lodge a claim, and NHS trusts across the country have had to pay out millions over the past few years.

Figures obtained by Medical Negligence Assist found that, since 2019, Torbay & South Devon NHS Foundation Trust has had to pay out over £1.5m to patients who have lodged claims following a surgery error.

Medical negligence solicitor for JF Law, Gareth Lloyd, said: “The chances of a patient suffering a surgical error are remote, yet every operation carries with it a number of risks, and if something goes wrong, there can be lifelong consequences.”

Surgical errors are unexpected mistakes or accidents that occur during procedures and they are classed as ‘never events’ as they are errors that should not have happened in surgery.

These errors can have significant physical, emotional and financial consequences for patients as they may require additional treatment and suffer even more pain.

A person affected by a surgery error can often make a surgical negligence claim against the NHS, where NHS Resolution will pay for their compensation.

This is a government scheme paid for by NHS Trusts that acts as an insurance policy and pays for NHS negligence claims.

Torbay and South Devon NHS Foundation Trust run Torbay Hospital as well as five community hospitals, stretching from Dawlish to Brixham, providing healthcare to around 500,000 patients each year.

In 2019/2020, five claims were made against the trust, the lowest number of claims over the past five years.

Three years later, this number increased to eight claims.

The trust has experienced a drop in claims over the past year compared to 2022/23, with a total of six.

Common errors can include foreign objects left in the body, such as surgical instruments and cleaning materials.