Unnecessary surgery refers to any surgery that a patient undergoes without proper cause. There may have been other forms of treatment available that you were not made aware of, or the surgeon may have operated on the wrong site. Surgery can be extremely traumatic to the body and require a long recovery time, making it an extremely stressful experience. In cases of unnecessary surgery, you may also deal with feelings of mistrust in the medical process and uncertainty as to how you should proceed.
In this guide, we explain the eligiblity criteria that you must meet to make a surgery negligence claim. We also look at how a payout for medical negligence could be awarded, considering the different types of damages you could be entitled to.
Furthermore, we look into the types of surgery that may be received unnecessarily. Additionally, we outline various aspects of the claim process and the services that our solicitors can offer to help you proceed.
For further advice on starting a medical negligence claim, you can contact an advisor from our team. They can tell you if you are eligible to claim and estimate the amount of compensation that you could receive. An experienced medical negligence solicitor may then be able to represent your case and help you to get the compensation that you are owed:
- Use the live pop-up chat on this page
- Call us on 0800 073 8804
- Complete our online contact form
Jump To A Section
- Am I Eligible To Make An Unnecessary Surgery Claim?
- How Much Compensation Can I Get For Unnecessary Surgery?
- Why Unnecessary Surgical Procedures Happen
- What Kind Of Surgeries Could Be Considered Unnecessary?
- How To Make An Unnecessary Surgery Compensation Claim
- How Our Solicitors Can Help You Claim
- More Information
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.
| Type of injury | Severity | Compensation guideline |
|---|---|---|
| Multiple injuries with associated financial impact | Severe | Up to £500,000+ |
| Female reproductive system | Infertility with medical complications | £140,210 to £207,260 |
| Arm amputation | Loss of one arm | Not less than £167,380 |
| Leg amputation | Below-knee amputation of one leg | £119,570 to £162,290 |
| Facial scarring | Very severe | £36,340 to £118,790 |
| Less severe | £21,920 to £59,090 | |
| Back | Severe (ii) | £90,510 to £107,910 |
| Bowels | Abdominal injury and impaired function | £54,420 to £85,100 |
| Kidney | Loss of 1 kidney | £37,550 to £54,760 |
| Bodily scarring | Multiple noticeable lacerations scars or a single disfiguring scar | £9,560 to £27,740 |
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.
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 prescription 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.
