Unnecessary Surgery Compensation

Unnecessary surgery compensation could be warranted if you’ve undergone a procedure that wasn’t needed. This could happen because doctors make an error at the diagnosis stage of your treatment, or they simply operate on the wrong person. As an example, when a doctor diagnoses a patient with a medical condition that does not really need surgery.

Unnecessary Surgery Malpractice Claims

Unnecessary surgery compensation medical negligence claims guide

Unnecessary surgery compensation medical negligence claims guide

The outcome can be devastating when a cancer patient’s condition is misdiagnosed. Patients may have organs removed in error, and even simple procedures can leave them with permanent scars. They may have to undergo further surgery to correct the problem.

Patients who undergo unnecessary surgery can suffer life-changing disabilities – or they could even die.

A patient may suffer severe disability and utter devastation following incorrect limb amputation, for instance.

Call today on 0800 073 8801 if you would like a free claim evaluation. In addition, you can write to us about your case through our contact page and an adviser will call you back without delay.

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A Guide Claiming Unnecessary Surgery Compensation

Unnecessary surgery is when medical professionals advise you that this is the best solution or only option for your condition. In contrast, elective surgery is something you can do if you wish but is not medically necessary. An example is laser eye surgery—not necessary but you can elect to do it.

The following are examples of surgical procedures that are not necessary:

  • Inappropriate or unnecessary surgery due to a misdiagnosis
  • Failure to obtain informed consent from the patient
  • Choosing to have a partial hip replacement instead of a full one, which results in additional surgery later
  • Choosing a hysterectomy over nonsurgical alternatives

Our guide provides essential advice and information about unnecessary surgery claims. We explain what it could constitute, and the statistics involving ‘never events’.

There is information on the types of unnecessary surgeries possible, whether caused by a medical misdiagnosis or inappropriate procedures. We then explain what the ‘duty of candour’ means and the importance of getting a patient’s informed consent.

You will also find out how much a successful unnecessary surgery claim could be worth. Moreover, you will discover whether you could make a claim on a No Win No Fee basis.

Continue reading our guide to find out more, or if you have any queries about unnecessary surgery claims, please contact a member of our team today.

What Is Considered Unnecessary Surgery?

Unnecessary surgery is “a surgical intervention that is:

  • Not required
  • Is ineffective
  • Is not beneficial when compared to other treatment options

The sort of injuries that could result from undergoing unnecessary surgery includes:

  • Pain, suffering, and discomfort
  • Infection
  • Limb amputation
  • Losing an internal organ
  • Permanent disability
  • Nerve damage
  • Spinal injury
  • Eye injuries
  • Scarring

We can provide you with all the advice you need. All you have to do is contact one of our experts today. We will provide free legal advice and can connect you with our specialist solicitors who can provide assistance.

A No Win No Fee service may be available to you if you have a valid claim too. It allows you to obtain unnecessary surgery compensation without having to pay the solicitor up front.

Statistics On Surgical Never Events

Never Events are serious incidents that may lead to patients suffering harm, or it could jeopardise their safety. They are completely preventable and, according to the NHS, should be avoided at all costs.

NHS England regularly publishes data on Never Events. According to a recent report:

  • There were 56 incidents of wrong-site surgery between April and July 2021.
  •  28 incidents involved a foreign body being retained post-operation, one of which was a scalpel blade.
  • 24 incidents related to patients being given the wrong implant or prosthesis, with most of them relating to the knee.

Contact one of our experts today for all the free advice you need. If we can see that you have a valid claim, we can connect you with a specialist who can help you file a claim.

You might be able to get No Win No Fee services if you have a valid claim. It lets you get unnecessary surgery compensation without paying upfront for legal representation

Types Of Unnecessary Surgeries

Examples of unnecessary surgeries carried out in the UK include the following:

  • Amputations
  • Back/brain/spine surgery
  • Cancer surgery
  • Endocrine surgery
  • General surgery
  • Heart surgery
  • Orthopaedic surgery
  • Reproductive organ surgery
  • Reconstructive surgery

If you’ve been impacted by any of these incidents, contact one of our experienced advisers today. They will provide free legal advice and connect you with our specialist solicitors who will be able to help you make a compensation claim.

We might be able to offer you a No Win No Fee service too. It allows you to receive unnecessary surgery compensation without worrying about having to pay upfront for legal representation.

Unnecessary Surgery Caused By Medical Misdiagnosis

As a rule of thumb, most patients receive a diagnosis and appropriate treatment for their symptoms. That said, you may have grounds to seek compensation for harm you have suffered because of a misdiagnosis.

Here are the more common types of medical misdiagnosis:

  • The misdiagnosis of a less serious condition that caused a delay in your treatment
  • A wrong diagnosis leading to unnecessary treatment, such as surgery
  • Told you’re terminally ill which results in serious psychological damage
  • No diagnosis is made at all, meaning you receive no treatment and your condition deteriorates

In the event you have been injured as a result of a misdiagnosis, a No Win No Fee agreement may provide you with the means to seek medical negligence compensation.

Get in touch with one of our experienced advisers today and they will be able to provide you with all the advice you need. Furthermore, they will connect you with a solicitor who specialises in recovering unnecessary surgery compensation.

Unnecessary Surgery Caused By Inappropriate Procedures

A lot goes into providing correct treatment to patients. It begins with triage, or screening. This information needs to be accurately fed back to other healthcare professionals who may be involved in your treatment. It may involve a half-dozen or more people. And these individuals may be caring for a large number of people as well as you.

With so many people involved in providing you with care, it’s vitally important that the correct procedures are in place and are followed. A failure to do so could lead to a breakdown in communication. The wrong information could be given and that could lead to an incidence of unnecessary surgery.

If you believe you underwent an inappropriate surgical intervention, please get in touch. One of our advisers can review your case and connect you to our No Win No Fee lawyers if you have good cause to sue.

Duty Of Candor And Not Getting Informed Consent

Whenever something goes wrong with a patient’s treatment or care, or it has the potential to cause harm or distress, a healthcare professional must be open and honest (Duty of Candour) with the patient. Therefore, healthcare professionals must:

  • When something goes wrong, inform the patient (or, if appropriate, the patient’s advocate, carer, or family)
  • Give an apology to the patient (or, if appropriate, the patient’s advocate, carer, or family)
  • Provide a suitable remedy or support to put things right (if possible)
  • Offer the patient with a full explanation of what happened and the short and long affects

Additionally, healthcare professionals must maintain open, honest communications with their colleagues, employers, and other organisations. They should participate in reviews and investigations when requested.

It is also important for them to be open and honest with their regulators, and raise any concerns they may have. They must not be stopped from raising any concerns they have.

The Principle of Consent

The principle of consent is fundamental when it comes to providing treatment. Every patient has the right to participate in decisions about their treatment and care. If patients are capable of doing so, they must be allowed to make informed decisions. To make good decisions, doctors and patients need to exchange information.

Treatment or care cannot be provided until a doctor believes they have the patient’s consent. If consent is not provided, no treatment or care should be provided unless it is an immediate life-threatening medical emergency.

What Is Surgical Negligence?

The term surgical negligence refers to situations where surgeons or other medical professionals make mistakes during an operation. These errors result in additional injuries or complications.

Clinical standards should be followed during surgery and care, but sometimes errors do occur. You could file a claim if any of the following apply to your case:

  • The wrong surgical procedure was carried out on you
  • The operation was carried out on the wrong part of your body
  • Foreign objects left inside your body
  • Poor hygiene caused an infection
  • You were not told of any risks involved
  • A medical professional did not check if you were a good candidate for the surgery
  • Nerves or organs were damaged during the surgery

If any of these situations apply to your case, you could be entitled to unnecessary surgery compensation. Get in touch today to receive free legal advice.

How Negligence Could Lead To Unnecessary Surgery

Negligence could lead to unnecessary surgery in a variety of different ways. This includes:

  • Carlessness
  • Fatigue
  • Lack of communication
  • Inadequate planning
  • Incompetence

Sometimes, a combination of all the above could contribute to negligence. Healthcare professionals often work long hours and are placed under great pressure. Mistakes naturally do happen. A simple breakdown in communication can lead to a patient undergoing unnecessary surgery.

If the surgery you underwent wasn’t required, causing you avoidable harm, you may be eligible to make a claim for unnecessary surgery compensation. A member of our team can answer any questions you have and offer free legal advice.

Why Are Unnecessary Surgeries Carried Out?

There are a number of reasons why unnecessary surgery is carried out, some of which we’ve covered above. To reiterate the point, it could arise because of:

  • A breakdown in communication between healthcare professionals, meaning the wrong information is passed on.
  • A medical misdiagnosis.
  • A failure to fully explore all treatment options

If you can relate to any of these incidents, please get in touch today to find out more about your legal rights and whether or not you could seek unnecessary surgery compensation.

Valuing Unnecessary Surgery Compensation Payouts

You may wonder how much negligence compensation you could receive. To give you an idea, we’ve created the table below which provides compensation payouts taken from the Judicial College Guidelines. This is a document used by lawyers to help value injuries.

Please call us if you do not see your injury below and we will be able to provide you with further information after taking some details about the unnecessary surgery you underwent.

Type of injuryPotential Compensation AwardedFurther notes
Injury to the bladder£21,970 to £29,380Claimant is expected to make a complete recovery although there could be some residual long-term damage to function
Injuries to the spleen£4,080 to £8,110Claimants suffers damage to spleen but there is only a small risk of an infection occurring or complications
Failed sterilisation in a woman which results in an unwanted pregnancyIn the region of £9,570Claimant does not suffer severe psychological harm caused by the medical error
Injury to bowels (Penetrating)£11,820 to £22,970Claimant suffers harm to bowels but function and control are expected to return
CRPS (Severe Complex Regional Pain Syndrome)£49,270 to £78,840Claimant's ability to carry on working is drastically impacted
CRPS (Moderate Complex Regional Pain Syndrome)£26,300 to £49,270The prognosis is better than above and the claimant is expected to be able to return to work
Laparotomy scarIn the region of £8,110Claimant suffers no significant internal injury
Disfiguring scars£7,350 to £21,330Claimant suffers visible laceration scars or single disfiguring scar on their limbs or hands
Minor scars£2,220 to £7,350Claimant suffers a visible scar, or several superficial scars on their limbs,
or hands

The amounts listed above represent general damages, which compensate you for your suffering and pain from your injuries. They do not account for financial losses, known as special damages, which we’ll explore next.

How Are Special Damages Valued?

Special damages relate to the financial losses that stem from the incident in which you were harmed. In a successful unnecessary surgery compensation claim, you could recover costs such as:

  • Care costs if someone had to look after you while you recovered
  • Travel expenses relating to healthcare or legal appointments
  • Medical costs, such as painkillers and prescriptions
  • Lost earnings if you had to take time off work to recover
  • Loss of future income if you’re unable to work again in the future, particularly relevant in amputation cases.

You must provide proof of your expenditure and evidence of your losses. This could be in the form of receipts, bank statements and other relevant documentation.

One of our expert advisers can offer you free advice if you would like to find out how you can proceed. Moreover, they are also capable of answering your questions regarding unnecessary surgery compensation.

Claim Unnecessary Surgery Compensation With A No Win No Fee Solicitor

If you are still recovering from an unnecessary surgery procedure and want to see if you can claim compensation, we recommend speaking with a medical negligence solicitor who could help you through the process of making a claim.

Moreover, if you have a valid claim, a solicitor who works on a No Fee No Win basis could represent you. This means signing a Conditional Fee Agreement (CFA) which sets out the terms of the contract. Essentially, you only pay your solicitor a fee on the condition that they achieve a successful outcome. This fee represents a small percentage of your compensation award. It’s capped by law.

You would not have to pay the fee if your lawyer was unable to successfully settle your claim.

If you’d like to find out how to proceed, one of our expert advisers can offer you free advice. Furthermore, they are able to answer your questions regarding unnecessary surgery compensation.

Talk To A Claims Expert

Would you like more information on filing an unnecessary surgery claim? Please feel free to contact us. We can offer you a free assessment of your case.

Call 0800 073 8801 today or contact us in writing.

An adviser will provide free advice on how best to proceed. All calls are free of charge and you can reach a member of the team 24 hours a day, 7 days a week.

Related Medical Claim Guides

If you’re looking for more information, these guides may help.

Improvements by the NHS on Never Events

The NHS Never Event Policy & Framework

Fatal injury claims

Back injury claims

Missed ankle fracture claims

Other Useful Compensation Guides

FAQs Related To Never Events

Here are answers to questions we often get asked.

What is a Never Event in surgery?

A Never Event is a major safety incident that can be prevented by following the available preventative measures. These include wrong-site surgeries and foreign objects left inside a patient after an operation.

What happens if a Never Event occurs?

The medical facility must start an investigation to identify the cause of the Never Event. Also, medical professionals should learn from their mistakes to avoid harming patients again.

What are the implications of surgical never events to patients?

A ‘never event’ is more than just a tragic mistake – it’s a complete disregard for a patient’s well-being that leaves them with physical suffering, financial losses, emotional trauma, and even death.

How does the NHS prevent Never Events?

Upon admission, hospitals must identify, document, and code the conditions a patient presents. Hospitals should do more to identify pre-existing conditions and carry out secondary diagnoses to avoid never-event errors happening.

If you have any more questions about seeking unnecessary surgery compensation, please get in touch.

Guide by HW

Edited by REB