Last updated 23rd October 2024. If you’ve undergone surgery that wasn’t required, you may be able to make an unnecessary surgery compensation claim. Medical negligence can come in many different forms but, given the length of time it can take to recover, having surgery unnecessarily can be one of the most frustrating and debilitating.
This guide will answer important questions about the claims process like:
- How can I make a compensation claim?
- Is there a difference between medical and clinical negligence?
- What are solicitors who work on a No Win No Fee basis?
- How can a claims calculator provide me with a reliable estimate?
- What kind of things can I claim when making an unnecessary orthopaedic surgery claim?
Our advisors offer free legal advice so, if you have any questions or queries about compensation for unnecessary surgery, you can call us 24/7 at a time that suits you. Our contact details are below.
- Call us today on 0800 073 8804.
- Start your claim online
- Email us your queries at info@legalexpert.co.uk
- Use our live chat window
Read on to discover how you could receive compensation due to doctors performing unnecessary surgeries.
Select A Section
- What Is Unnecessary Surgery?
- Why Do Surgeons Perform Unnecessary Surgical Procedures?
- How Negligence Could Result In Unnecessary Surgical Procedures
- What Types Of Surgical Procedures Could Be Unnecessary?
- How Much Compensation For An Unnecessary Surgery Compensation Claim?
- What Are Special Damages In Surgical Negligence Cases?
- Make A No Win No Fee Unnecessary Surgery Compensation Claim
- Essential References
What Is Unnecessary Surgery?
Unnecessary surgery is when medical professionals perform surgery on you that is not required. As such, you could experience unnecessary pain, recuperation time, scarring and your original condition could deteriorate due to not receiving the right treatment. If the unnecessary surgery included amputations, spinal surgery or brain surgery you could face life-changing injuries.
Why Do Surgeons Perform Unnecessary Surgical Procedures?
Medical negligence is when a medical professional deviates from the required standards of their profession, leading to a mistake that can greatly affect someone’s life. Before surgery is carried out it is vital that all checks are completed to ensure that the patient is the correct patient, that they are going to receive the right surgery and that there is no less invasive treatment the patient could receive.
If mistakes are made in the diagnosis, when interpreting test results, ensuring the patient matches the medical records that are presented and checking the patient is the correct patient before the surgery starts then it is very possible a patient may receive surgery they do not need.
If you’re wondering if you can sue a GP for surgery, follow the information at the top of the screen to contact our advisors. They can provide free legal advice and may put you in touch with one of our medical negligence solicitors.
How Negligence Could Result In Unnecessary Surgical Procedures
To make a valid claim, it’s important that you can prove you suffered harm as a result of medical negligence. Some examples of how medical negligence could result in unnecessary procedures include:
- Misreading an X-ray e.g. diagnosing a fracture that needs surgery when in reality it is a severe sprain
- Supplying the surgical team with the wrong procedure details
- Misdiagnosing your condition. This could result in a surgical procedure, such as unnecessary knee surgery, making your condition worse.
- Mixing up medical records so the patient becomes a victim of wrong-site surgery
What Types Of Surgical Procedures Could Be Unnecessary?
Oftentimes surgery is necessary and needed for your treatment and recovery. However, sometimes a doctor or GP could perform unnecessary surgery as a result of failing to meet the minimum standard of care. If you suffer harm due to their negligence, you may be able to make a claim. Some examples of surgeries that might be performed wrongly or as a result of negligence can include:
- Heart stents
- Heart surgery
- Back surgery
- Reconstructive surgery
- Brain surgery
- Amputations
To be able to claim unnecessary surgery compensation it must be proven that the patient did not require the surgical procedure. Simply give us a call to speak to our specialised advisors for free legal advice. Call us today using the phone number at the top of this page.
How Much Compensation For An Unnecessary Surgery Compensation Claim?
If you have a successful unnecessary surgery compensation claim, your compensation could potentially be made up of up to two heads of claim called general and special damages. General damages are awarded in all successful medical negligence claims, whereas special damages are awarded in only some.
General damages provides compensation for how you have been psychologically and physically affected due to having unnecessary surgery.
You may have an independent medical assessment at some point during the claims process. The reports from this can be reviewed alongside the Judicial College Guidelines (JCG) by legal professionals to help calculate the worth of your general damages.
The JCG is a publication containing guideline compensation figures for all kinds of injuries and illnesses.
Guideline Compensation Table
In the table below, we have taken some types of harm that could possibly be suffered following unnecessary surgery from the JCG. For each type of harm, we have also taken their accompanying guideline compensation figures from the JCG (except for the first figure, which is our own).
Please remember that even if your unnecessary surgery compensation claim is successful, none of these figures can be guaranteed, as all cases have unique circumstances.
| Type of Injury | Severity | Guideline compensation amount |
|---|---|---|
| Multiple serious types of harm with special damages | Serious | Up to £250,000+ |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 |
| Moderately severe (b) | £28,250 to £73,050 | |
| Facial disfigurement | Very severe scarring (a) | £36,340 to £118,790 |
| Less severe scarring (b) | £21,920 to £59,090 | |
| Significant scarring (c) | £11,120 to £36,720 | |
| Less significant scarring (d) | £4,820 to £16,770 | |
| Scarring to Other Parts of the Body | Noticeable or Disfiguring Scars (b) | £9,560 to £27,740 |
| Noticeable or Superficial Scars (d) | £2,890 to £9,560 |
Contact our advisors today for a free valuation of your claim.
What Are Special Damages In Surgical Negligence Cases?
Special damages provide compensation for how you have been financially affected due to having unnecessary surgery. This includes:
- Loss of earnings for having time off work to recover from your avoidable harm.
- Medical bills, such as buying prescriptions.
- Travel expenses to and from medical appointments.
Since special damages are not always awarded in successful medical negligence claims, it is essential to keep evidence of your monetary losses. Such evidence includes receipts, payslips, invoices, and bank statements.
For more information on how unnecessary surgery compensation is calculated, please contact us today.
Make A No Win No Fee Unnecessary Surgery Compensation Claim
There are many benefits to working with a No Win No Fee solicitor on your medical negligence claim for unnecessary surgery. Examples of these benefits can include help with collecting evidence, taking witness statements, and answering any questions you might have about the claims process.
One of our solicitors could help you with your unnecessary surgery compensation claim on a No Win No Fee basis under a Conditional Fee Agreement (CFA). Under this kind of agreement, you can access a solicitor’s services without paying any upfront or ongoing fees. Furthermore, if your claim fails, you will not be asked to pay a fee for your solicitor’s services.
If your claim succeeds, then your solicitor will deduct a success fee from your compensation award. This is a small percentage of what you receive, and there is a legal cap in place.
Our advisors are on hand to help. Get in touch today to find out if you could be eligible to work with one of our solicitors or to learn more about unnecessary surgery claims.
Contact Legal Expert
Our helpful advisors provide free legal advice 24/7 so, if you have any questions or queries, please give them a call. In just a few minutes, you could start a claims process that could result in you receiving compensation.
- Call us today on 0800 073 8804.
- Use our online contact form.
- Email us your queries at info@legalexpert.co.uk.
- Use our live chat window on the right-hand side of your screen.
Essential References
- Want to know more about procedures after surgery? If so, view the NHS website here.
- To see the number of clinical claims that have occurred in the NHS from 2006 to 2020 click here.
- For more information about the number of clinical negligence claims across the country, view the information found on the Government website.
- Suffered scarring and want to know if you can claim? If so, view this page on our website.
- Has a doctor or GP misdiagnosed you via a video examination? Click here to see if you can claim.
- To know more about fatal accident claims, click here.
More Helpful Guides
- Read our guide on MRSA Claims and learn more about the medical negligence claims process.
- Curious about Cosmetic Surgery Claims? Our guide offers a comprehensive breakdown of the cosmetic surgery claims process.
- Learn about Hospital Infection Claims and find out if you could be entitled to claim with our article.
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Guide By Durdy
Edited By Melissa.
