How To Make An Unnecessary Surgery Compensation Claim

This guide will explore the circumstances in which you could put forward an unnecessary surgery compensation claim.

unnecessary surgery compensation

Unnecessary surgery compensation claim guide

All medical trained practitioners have a duty to their patients to ensure they receive the right level of care.

However, in certain cases, the care a patient receives may fall below the standard expected resulting in avoidable errors, such as surgical mistakes.

As a result, the patient may experience unnecessary harm. Are your circumstances similar, then please read this guide below.

We’ll help you understand whether you’re eligible to claim compensation for unnecessary surgery by looking at how a medical professional could act negligently.

Additionally, this article will look at how a No Win No Fee solicitor could benefit you when seeking compensation.

If you need any additional information once you’ve read our guide, please get in touch with our team by:

  • Ringing 0800 408 7825
  • Speaking with an advisor on the live chat function below
  • Filling out this contact form with your query.

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What Do Lawyers Consider Unnecessary Surgery?

Unnecessary surgery is an operation that you did not need. However, in order to make a medical negligence claim for such an incident, you must be able to prove that this happened through the negligence of your medical team.

If you decide to hire a solicitor to represent your medical negligence claim on a No Win No Fee basis, the case will need to be assessed to determine whether it’s valid.

A valid claim must be able to demonstrate that a trained medical professional acted negligently. Medical negligence involves a medically trained professional providing you with a substandard level of care that results in you sustaining unnecessary harm.

For that reason, a surgery that you didn’t require could be a form of medical negligence if it happened because there was a breach in the duty of care owed to you.

We understand unnecessary surgery compensation claims may seem complex, so for answers to your questions, call our advisors today.

Why Does Unnecessary Surgery Happen?

There are various reasons why unnecessary surgery could occur, such as:

  • Misdiagnosis: A cancer specialist may have misdiagnosed a patient with breast cancer due to them failing to provide the right level of care. Meaning, the patient may have undergone a mastectomy that was later found out to have been unnecessary after she received the correct diagnosis.
  • Surgical errors: A surgeon may have operated on the wrong part of the body after failing to follow the correct pre-surgical protocols. Therefore, a patient may have undergone an operation that removed their kidney rather than a knee amputation surgery.
  • Treatment options: A patient may have undergone an invasive open-heart surgery when there were less invasive treatments suitable for them. The patient may have been left with scarring that could have been avoided.

Please get in touch with our team to have your questions answered. They can advise on whether you’re eligible to seek unnecessary surgery compensation.

Could Negligence Lead To Unnecessary Surgery?

In certain circumstances, negligence could lead to you sustaining harm after undergoing a surgery you didn’t need. Certain types of surgical errors are classed as a never event by the NHS, such as wrong-site surgeries. A medical professional should never allow these events to happen.

However, it’s important to note that not all harm sustained in a medical setting is caused by negligence. Furthermore, in some cases, you may experience harm that’s unavoidable.

For that reason, it’s important to provide evidence in support of your claim. Medical evidence and reports will be used to support your claims.

However, when looking at whether negligence occurred, the Bolam test may also be considered. This is where medically trained professionals assess whether you were provided with care of the right standard.

Inappropriate Surgical Procedures

Similarly to unnecessary surgery, an inappropriate surgery is a surgical procedure you didn’t need.

For example, an administrative error may have led to the surgeon receiving the wrong patient notes before an operation. As a result, the surgeon may have carried out the wrong operation on the wrong patient. The patient may have experienced avoidable harm as a result.

There are various types of operations that are carried out daily, such as:

  • General surgery
  • Brain surgery
  • Amputations
  • Spinal surgery
  • Cardiac surgery
  • Endocrine surgery
  • Orthopaedic surgery
  • Reconstructive surgery

Have you gone through surgery that you didn’t need, call our team. They can discuss whether you’re eligible to claim unnecessary surgery compensation.

Failure To Offer Non-Surgical Options

As mentioned earlier in our guide, there are circumstances where non-surgical options may have been more suitable than invasive surgery.

For that reason, if the medical professional responsible for your care failed to offer you a non-surgical treatment option despite it being more suitable, you may wish to seek compensation.

It’s difficult to provide specific examples of when a doctor should offer a non-surgical option as it can vary depending on your illness or injury.

Unnecessary Surgery Compensation Calculator

An unnecessary surgery compensation claim may include general and special damages. General damages provide compensation for any physical or psychological damage you have experienced.

Special damages compensate for the financial losses you may have incurred as a result of the harm you sustained. Provided you have relevant evidence of any monetary losses, these might include:

When calculating the compensation you’re awarded for general damages, medical evidence may be used to determine the full extent of your condition, including:

  • The severity of your condition
  • The long term impact it may have

Furthermore, a document called the Judicial College Guidelines (JCG) may also be used to help value your claim. The JCG sets out example compensation figures for different injuries. We have used these figures to create the table below.

Please be aware you should only use the figures in the table as a guide as your actual settlement will vary.

Additionally, if you can’t see your injury, please call our team. They can discuss your case and provide an estimate of what your claim may be worth.

Harm CausedSeverity and Additional DetailsExample Compensation Payout
Post-Traumatic Stress Disorder(c) Moderate: The person will have mostly have recovered whilst any lingering symptoms won't be very disabling.£7,680 to £21,730
Post-Traumatic Stress Disorder(b) Moderately Severe: The person may experience nightmares, flashbacks or disturbance to their sleep but will have a better prognosis following professional help. £21,730 to £56,180
Eye Injuries(b) Complete loss of eye sight in both eyes.In the region of £252,180
Kidney(a) The person may experience permanent and serious kidney damage or kidney loss with both kidney's affected. £158,970 to £197,480
Facial Disfigurement(b) Less Severe: There will be substantial disfigurement and a significant psychological reaction.£16,860 to £45,440
Facial Disfigurement(b) Very Severe: The cosmetic effect will be very disfiguring and the person will have a severe psychological reaction. £27,940 to £91,350
Facial Disfigurement(e) Trivial scarring where there is a minor effect.£1,600 to £3,310
General Psychiatric Damage(b) Moderately Severe: The person may have faced significant problems with different aspects of their life but the future prognosis will be better than those with severe psychiatric damage. £17,900 to £51,460
General Psychiatric Damage(a) Severe: The person may experience a variety of problems with different parts of their life, such as an inability to cope with work and education.£51,460 to £108,620

Talk To Us About Making An Unnecessary Surgery Compensation Claim

We hope our guide has answered any questions you had about unnecessary surgery compensation claims. However, for any further questions, please call our team of advisors who can help.

Alternatively, if you’re ready to begin your claim, they could assess your case to see if it’s valid and has a chance of succeeding. If it does, they can appoint a solicitor from our panel to represent your claim on a No Win No Fee basis.

This means you won’t pay an upfront fee or ongoing costs while your claim proceeds. Most importantly, you won’t pay solicitor fees if your claim fails.

If your claim succeeds, you will pay a success fee out of your compensation. The success fee is subject to a legal cap.

For more information, call our advisors:

  • Ringing 0800 408 7825
  • Speaking with an advisor on the live chat function below
  • Filling out our online contact form with your query.

Essential Resources

Below, we have included some alternative guides and external resources that you may find beneficial.

For information on the medical appointment you may need to attend as part of the claims process, see our guide.

Were you prescribed the wrong medication by a medical professional? If so, please read this guide.

If you’re wondering whether you can sue your doctor for negligence, see our guide.

Visit the NHS Resolution website to learn about the role they play in claims against the NHS.

See the Care Quality Commission to learn about the fundamental standards of care they set out.

For more information on your patient rights, see the NHS Constitution for England.

Although we have tried to cover the information you need in our guide on unnecessary surgery compensation claims, we understand you may still have questions. If so, call our team on the number above for more information.

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