Am I Eligible To Claim For Unnecessary Surgery?

Last updated 12th November 2025. You could be eligible to claim unnecessary surgery compensation if this surgery and the avoidable harm you suffered as a result of this were due to the negligent treatment you received from a medical professional. When a medical professional tells us we need surgery, we expect that they would only recommend this as it is necessary for our health. However, if you were to have an operation that you did not need, this can cause you to suffer both physical and psychological harm that could have otherwise been avoided.

We also understand that you may be stressed about going through the unnecessary operation claims process alone while you are still recovering. This is why we are here to help you through every step of the process. Our advisors can assess the eligibility of your unnecessary surgery claim and connect you with one of our No Win No Fee solicitors who can help you with gathering supporting evidence, negotiating your compensation and arrange any rehabilitation you may need to help you with your recovery. Furthermore, after discussing your case with one of our advisors, there is no obligation to proceed with us.

Your Questions, Answered:

• What may lead to me undergoing unnecessary surgery? This could be due to misdiagnosis of your condition, being mistaken for another patient, or not being made aware of your other options before undergoing surgery.
• What harm could unnecessary surgery cause? If you underwent unnecessary surgery this could cause you to suffer chronic pain, long-lasting scarring, anxiety and various financial losses.
• What types of unnecessary surgery could be claimed for? Examples could include having the wrong limb amputated, unnecessary hysterectomy, and having a healthy organ removed.
• Could I claim on behalf of a loved one if they underwent unnecessary surgery? Yes, if a loved one who was a minor or is lacking mental capacity underwent unnecessary surgery, causing them avoidable harm, you could claim on their behalf as a litigation friend.
• Could I claim against a private healthcare provider for unnecessary surgery? Yes, provided you can prove their negligent treatment caused you to suffer unnecessary harm. Any compensation would then be paid out via their insurance.

To see whether you may have a valid medical negligence claim, you can contact our friendly team of advisors today.

Am I Eligible To Make An Unnecessary Surgery Claim?

To claim compensation for unnecessary surgery, you must be able to prove that:

• A medical professional owed you a duty of care
• They failed to meet the necessary standard of care
• This meant that you wrongly underwent surgery and suffered unnecessary harm

All medical professionals must meet a minimum standard of care when they agree to provide you with treatment, including your surgeon. This is the duty of care owed by medical professionals to their patients.

We understand that medical negligence claims can seem complicated. We recommend that you reach out to one of our advisors, who can assess your eligibility and explain anything about the claim process that you may be uncertain of. You can also keep reading to find examples of unnecessary procedures you could claim for, which may help your understanding.

How Much Compensation Can I Get For Unnecessary Surgery?

Legal professionals or others involved in calculating your compensation may consult the Judicial College Guidelines (JCG) when assessing your medical negligence claim. These are guidelines that pair compensation figures with the relevant type and severity of injury or harm. We have included some figures from the JCG below. You should note that you can use these figures for reference, but they do not guarantee the amount of compensation you may be entitled to.

This is because the specifics of your claim are unique and must be assessed accordingly. If you would like a better idea of your compensation amount, you can contact our advisors for a free case assessment. They can ask the right questions to evaluate your claim more completely.

Please note that the first figure in this table was not provided by the JCG.

How Compensation Payouts Are Calculated

The first part of your compensation to consider is general damages. These cover the pain and suffering you have experienced due to medical negligence. The figures from the JCG refer to this head of claim.

Special Damages – Factors That Affect Your Payout

You may also receive special damages. These include costs relating to:

• Time taken out of employment to recover
• Home adjustments
• Medical treatment, including future medical expenses
• Travel to and from medical appointments.

You should contact our advisors if you have any questions about what your compensation could cover. They can also advise on what evidence you can produce for each expense.

 

Why Unnecessary Surgical Procedures Happen

Unnecessary surgery can pose a real risk to the body. It may occur when:

• Surgery was not required
• Test results were read incorrectly
• Surgery was done on the wrong area (known as wrong site surgery)
• The patient was not offered non-surgical alternatives

You can contact our advisors for more information on how these instances of medical negligence happen.

What Kind Of Surgeries Could Be Considered Unnecessary?

The following list covers examples of unnecessary surgeries:

• You require surgery on your right arm. However, the operation is wrongly performed on your left arm
• You have a hysterectomy only to discover that the procedure was not needed as your doctor misread your scan
• Your leg is amputated unnecessarily due to your medical records being mixed up with those of another patient
• You have a pacemaker inserted into your heart, but find out after the surgery that you could have treated the illness with medication.
• You have an operation to remove tumours from your brain after a cancer misdiagnosis.

This list does not cover all cases where surgery is performed unnecessarily. Please get in touch with our advisors if we did not cover your scenario.

What Are The Implications Of Unnecessary Surgery?

Aside from having surgery you don’t need, there are multiple devastating impacts that you could potentially suffer and be compensated for in your unnecessary surgery claim. 

Here are examples of some emotional, physical, and financial implications of an unnecessary surgery:

• Internal organs being removed.  For example, a kidney may have to be removed after a diagnosis.
• Illness/infection. You could contract an infection as a result of the avoidable surgery you had. 
• Unnecessary amputation. A limb could be amputated if your patient files were mixed up and you had the wrong surgery. 
• Discomfort and pain. If the unnecessary surgery had been prevented, you wouldn’t have had to go through the process of recovering from the surgery, which might have caused you psychological harm, physical pain, or time off work. 
• Internal bleeding.  There could be complications with the unnecessary surgery you underwent. 
• Death. In some unfortunate cases, some surgeries have the risk of being fatal. 
• Causation of new injuries.  Your unnecessary surgery could trigger new harm. 
• Potential allergies – If you had undergone unnecessary surgery because your patient files weren’t checked, your allergies might not have been known to the surgeons. 
• Aggravation of old injuries, including the initial injury that required surgery. By having unnecessary surgery, the delayed correct treatment might have led to your original condition worsening. 

This list is not exhaustive. To find out what specific implications your potential unnecessary surgery compensation could cover, please contact us today and discuss your circumstances with us.

How To Make An Unnecessary Surgery Compensation Claim

You may be wondering how the process of a medical negligence claim works. Keep reading to find out more information and to learn how one of our solicitors could help you claim for unnecessary surgery.

Evidence – Medical Records, Witness Statements, And More

You will need evidence to strengthen your claim for compensation. This needs to show liability for the unnecessary surgery. You can prove your case by providing:

• A copy of your medical records
• Witness contact details from anyone willing to provide a statement later on
• Bank statements or pay slips to claim for special damages
• Photos of injuries or scarring caused by the surgery

Additionally, a Bolam test may be required for your case. In this test, a panel of medical professionals with relevant training assesses the care you received and states whether it met the appropriate standard of care. It can be difficult to prove the occurrence of medical negligence, so the opinions of other medical professionals can be helpful to your case.

How Long You Have To Start The Claims Procedure

You must usually start your claim for compensation within three years from the day you received your surgery or when you discovered you did not need the surgery. This is the legally binding limitation period for medical negligence claims. However, there are some exceptions to this. Please get in touch to find out more about the clinical negligence time limits.

How Long Does It Take To Get Compensation For Unnecessary Surgery?

Unfortunately, we cannot state how long it will take to complete your medical negligence claim. This is because many factors can impact the process, such as:

• Whether your claim goes to court
• How busy the court’s schedule is
• The type of evidence that you need to collect
• Whether the defendant admits liability
• Whether you can reach an agreement with the defendant as to how much compensation you are owed

You can get in touch with one of our advisors if you have any qualms about starting a claim. We can assure you that if you are eligible to proceed with one of our solicitors, they will support you through the various stages of your claim.

How Our Solicitors Can Help You Claim

If you’re eligible to make an unnecessary surgery claim, one of our solicitors could represent your claim on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This is a financially viable option that means you do not need to pay fees for your solicitor’s work:

• Before your medical negligence claim begins
• While the claim is in progress
• In the event that you are not compensated

On the condition that you receive compensation, you would be required to pay a success fee, which is a legally capped percentage that you give to your solicitor. You can rest assured that you keep most of your compensation.

In addition to the No Win No Fee service, our solicitors can also aid you by:

• Determining what evidence you need and how you can collect it
• Negotiating the level of compensation that you receive to include the relevant general and special damages
• Handling contact with the defendant on your behalf
• Explaining complicated legal processes and terms
• Filing your claim within the correct time limit (as discussed previously)

If you want to access these services, you can contact one of our advisors.  They can assess your eligibility and potentially connect your claim to one of our solicitors. You could receive compensation for your unnecessary suffering and its costs, so why not reach out at your earliest convenience?

• Complete our online contact form
• Call us on 0800 073 8804
• Use the live pop-up chat on this page

More Information

You can check out our other medical negligence guides:

• Find out how to claim for medication errors
• Learn about birth injury claims
• Read our surgeon negligence guide

Further information:

• Government guide – Statutory Sick Pay
• Government information- Pre-action Protocol for clinical cases
• NHS- statistics on resolution claims

Thank you for taking the time to read our guidance on unnecessary surgery claims.