What happens if something goes wrong with private surgery or treatment?

Find out about what to do in the rare cases when your private medical treatment goes wrong and you are left with unwanted complications.

hospital trolley
Phil FiskGetty Images

It is important to remember that all surgery and treatment carries some risks. There may be unexpected medical complications, you may get an infection, or the procedure may not go to plan for a number of other reasons.

By paying for private medical treatment, you will reduce some of these risks. For example, private hospitals tend to have a lower incidence of hospital-acquired infections, however these can never be completely eliminated. Similarly, even with the very best surgeons and anaesthetists, there is always a small risk of problems during surgery.

Sometimes things go wrong as a result of a mistake or misjudgement, while other complications occur naturally and are beyond anyone's control. So who is responsible when things do go wrong?

Establishing responsibility

Before you start your treatment, it is important to establish who is responsible if something goes wrong, and who will have to pay for any additional treatments or extra nights in hospital as a result.

As a general rule, if there are complications that are the fault of the surgical team, or the way you were treated, then the hospital or clinic will cover the cost of all remedial care and any extra time you need to spend with them to recover. You may also receive compensation for loss of earnings or any inconvenience or suffering that your experience as a result.

However, by signing your consent form before your operation or treatment, you are accepting that there are certain risks attached to your procedure that are beyond the control of your surgical team.

If there is an unexpected complication that was not anyone's fault, then you need to be clear who will pay for what. With fixed price surgery schemes, there is usually some flexibility for recovery that takes longer than the norm, however you need to check the limits on this flexibility, or your fixed price may not end up quite so fixed after all. If you are self paying and not on a fixed price scheme, then you could face a much bigger bill than expected if something goes wrong, with extra nights, drugs and dressings all charged to your account.


Emergency facilities

Many smaller private hospitals do not have intensive care or high dependency units to take care of patients if something goes badly wrong. In this case, you will be transferred to the local NHS general hospital for emergency treatment, even though you have paid for private care.

If you feel that there are significant risks in your surgery, you may wish to choose a better equipped private hospital to avoid the trauma of an emergency transfer and keep your treatment wholly private.

Making a complaint

Most private hospitals and clinics will have a formal complaints procedure that you can use if something goes wrong with your private surgery or treatment and they will usually try to resolve as many complaints as possible on a local level. If you are still not satisfied, you can complain to their head office, or take your complaint to independent adjudicators. (See our specific articles on making complaints).

Serious problems

When it comes to serious problems with your treatment, which result in significant suffering or have long term consequences, then you will need to take legal action against the hospital or clinic concerned to get compensation. The fact the organisation is private and not part of the NHS makes no difference in a medical negligence claim. Your rights are not affected and you can pursue your claim in exactly the same way.

Want to know more?

How do I choose a private consultant?

Do I need a GP referral to see a private consultant?

How do I know if a private consultant is any good?

How do I choose a private clinic or private hospital?

Who regulates private hospitals?

What is a fixed price surgery package?

What is an NHS Private Patient Unit?

Can I get treatment in a private hospital under the NHS?

What does private surgery and treatment cost?

How can I pay for private treatment?

How much will a private consultant charge to see me?

How much will a private operation cost?


How do I get a quote for private treatment?

Are there finance schemes for private surgery and treatment?

Is private treatment abroad a realistic option?

How do I complain about a private consultant?

How do I complain about a private hospital or clinic?

Do private hospitals provide any kind of guarantee?

Last updated

Advertisement - Continue Reading Below
More From Private treatment