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Unnecessary Surgery Compensation Claims

By Cat Way. Updated 5th June 2023. If you’ve suffered from having reconstructive surgery or general surgery that wasn’t required, you may be able to claim unnecessary surgery compensation. Medical negligence can come in many different forms but, given the length of time it can take to recover, having unnecessary surgery can be one of the most frustrating and debilitating.

Unnecessary surgery compensation claims

Unnecessary surgery compensation claims guide

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.

Read on to discover how you could receive compensation due to doctors performing unnecessary surgeries.

Select A Section 

  1. What Is An Unnecessary Surgery?
  2. Why Do Surgeons Perform Unnecessary Surgical Procedures?
  3. How Negligence Could Result In Unnecessary Surgical Procedures
  4. What Types Of Surgical Procedures Could Be Unnecessary?
  5. Failing To Have Offered Non-Surgical Care
  6. Lack Of Informed Consent Claims
  7. Calculating Unnecessary Surgery Compensation Payouts
  8. What Are Special Damages In Surgical Negligence Cases? 
  9. No Win No Fee Unnecessary Surgery Compensation Claims
  10. Essential References

What Is An 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.

Failing To Have Offered Non-Surgical Care

Another way that unnecessary surgical procedures can happen is if all of the medical options weren’t provided to you beforehand. There are now lots of alternative treatments open to patients that mean they do not have to undergo surgery. It is important that doctors offer their patients information on all the treatment options available to them.

If you are unsure whether your case meets the criteria for making a medical negligence claim contact our team today. They are available 24/7 to offer free legal advice, and may pass your claim on to one of our expert medical negligence solicitors.

Lack Of Informed Consent Claims

Informed consent is extremely important in the medical field. This is because decisions, such as surgery, can be life-changing experiences, and so it’s important that the patient is fully aware of the risks involved when agreeing to the procedure. Communication is key. Doctors need to understand clearly the needs of their patients and ensure that they listen and take into account what their patients tell them.

In emergency cases, it may not always be possible to seek consent. The doctor may ask the next of kin to provide consent when the patient cannot. In cases where it is possible the doctor or surgeon should always make every possible effort to receive consent from the patient before surgery is carried out.

Calculating Unnecessary Surgery Compensation Payouts

There are two potential heads of claim when making a medical negligence claim. They are:

  • General damages
  • Special damages

General damages relate to the physical and mental pain suffered due to the incident in question, as well as the general decline in your quality of life. For instance, if you want to claim for unnecessary orthopedic surgery, you can claim for both the physical pain caused as well as the issues to your mental health, like anxiety or PTSD.

Regarding the amount of compensation you could receive for general damages, the Judicial College provide reliable compensation brackets. They do this by assessing previous payouts and containing them in a publication along with their reflective injuries. You can see below a list of potential issues you could suffer because of medical negligence and their relative compensation brackets. The Judicial College has provided these figures.

Edit
Type of Injury Amount of Compensation Description
Scarring £27,940 to £91,350 This higher bracket of compensation is for young claimant’s (typically teens until early to mid 30s) where the scarring is incredibly disfiguring creating a severe psychological effect.
Scarring £16,860 to £45,440 Where the disfigurement is still serious and the psychological effect is substantial.
Scarring £8,550 to £28,240 Where plastic surgery could reduce the effect of the scarring and psychological reaction has greatly reduced.
Post-Traumatic Stress Disorder £56,180 to £94,470 The claimant will experience permanent debilitating psychological effects preventing them from working or at least functioning at remotely the pre-trauma level.
Post-Traumatic Stress Disorder £21,730 to £56,180 This bracket accommodates for a better prognosis, helped by a positive reaction to professional care. There will still be, however, serious disability for the foreseeable future.
Post-Traumatic Stress Disorder £7,680 to £21,730 The claimant will have mostly recovered and any negative effects will not be particularly disabling.
General Psychiatric Damage £51,460 to £108,620 In this cases, the claimant will have severe issues with aspects of life such as work, education and continuing relationships with friends and family.
General Psychiatric Damage £17,900 to £51,460 Claimants in this bracket will still experience serious problems with aspects of life but the prognosis will be improved from the bracket above.
General Psychiatric Damage £5,500 to £17,900 There has been a marked improvement compared to the above brackets regarding dealing with everyday life.

The figures provided by the Judicial College Guidelines are only guidelines. For a free estimation of what your claim could be worth, contact our team of advisors today.

What Are Special Damages In Surgical Negligence Cases? 

The second potential head of claim is special damages. These relate to the financial losses caused by the injury. Evidence you’ll need to prove the number of special damages includes:

  • Receipts
  • Invoices
  • Bank statements.

Expenses you may be able to claim under special damages include:

  • Loss of earnings
  • Loss of future earnings
  • Travel costs
  • Medicine/prescriptions
  • Recreational activities that you’re now unable to attend.

The amount of unnecessary surgery compensation you could receive could greatly increase if you successfully claim for both general damages and special damages.

In a free medical negligence claim consultation, you can have your case assessed. The advisors can look at the details of your unique case along with any evidence you have managed to collect. They will inform you of the strength of your case. If they can see you have a valid medical negligence claim our medical negligence solicitor may offer to represent you. You can receive legal representation with the help of a No Win No Fee agreement.

No Win No Fee Unnecessary Surgery Compensation Claims

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.

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.

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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