According to information from the Royal College of Surgeons of England, there were 4.7 million surgical admissions in 2013/14. Whilst the majority of these surgical procedures will have been necessary and performed correctly, a small number may have been unnecessary surgical procedures. If you have undergone an operation you did not need, you could claim unnecessary surgery compensation.
In this guide we look at the types of negligence which could lead to unnecessary surgery being carried out, when you could claim for unnecessary surgical procedures and how claims work. We then look at how much compensation you could claim for unnecessary surgery. Finally we look at how a No Win No Fee solicitor from our panel could help you. We have also included further resources and answers to frequently asked questions at the end of this guide.
To find out more about medical negligence claims, contact a member of our team.
- You can phone a member of our team on 0800 408 7825.
- Send a message to our online ‘contact us’ form.
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Browse Our Guide
- What Is Unnecessary Surgery And How Could It Happen?
- Can I Claim Unnecessary Surgery Compensation?
- What Is The Process For Claiming Unnecessary Surgery Compensation?
- How Much Compensation Could I Get In My Unnecessary Surgery Claim?
- Can I Claim For Unnecessary Surgical Procedures On A No Win No Fee Basis?
- Learn More About Making A Medical Negligence Claim
- FAQs About Unnecessary Surgery Claims
What Is Unnecessary Surgery And How Could It Happen?
Unnecessary surgery is performed on a patient where it was not necessary and could have been avoided. Examples of unnecessary surgery could include where a patient:
- Did not need the surgery,
- Who was not offered non-surgical options,
- Has had surgery performed on the wrong site,
- Was operated on because test results were misread,
Below we look in more detail at these examples of unnecessary surgery and at when you could sue a doctor for negligence.
Wrong Site Surgery Claims
If a surgical team does not properly prepare for surgical procedures they could carry out surgery on the wrong site. Surgery performed on the wrong site means that an operation was carried out on the wrong part of the body.
An example of this may be a surgeon performing surgery on your left elbow, instead of your right elbow. This could cause avoidable harm to a healthy joint, leave you requiring further surgery and delay your recovery.
Prior to carrying out surgery, members of the surgical team should double-check their notes with the rest of the team and with the patient.
Unnecessary Surgery After A Misdiagnosis
Unnecessary surgery may be carried out if a medical condition has been misdiagnosed. For example, instances of sepsis misdiagnosis could lead to surgery being carried out to remove tissue which did not need to be removed.
If doctors do not perform all the relevant tests which could be carried out prior to surgery a surgeon or consultant may remove otherwise healthy tissue. This could cause harm and result in the correct diagnosis being delayed.
Surgery Caused By Test Results Being Misread
If a medical professional misreads the results of tests such as scans, x-rays, or blood tests they could recommend a patient for surgery which they did not need.
For example, testicular cancer misdiagnosis could happen if a doctor misread the results of an ultrasound scan. They may send a patient for surgery when they do not need it. This could cause harm to the patient and lead to their treatment being delayed as well as their recovery taking longer.
Failing To Offer Non-Surgical Procedures
A consultant should provide patients with all the potential treatment options that they could choose from. If there are non-surgical alternatives which could be tried before surgery or which could replace surgery, patients should be fully informed of these options.
For example, if your injury could be treated with non-invasive options such as physiotherapy, you should be offered this as an alternative to surgical treatment. The patient has not been able to give informed consent to the treatment without knowing the other options available.
These types of errors may be considered NHS never events. To find out if you could claim unnecessary surgery compensation, please contact us for free using the details above.
Can I Claim Unnecessary Surgery Compensation?
If you can prove that your surgery was carried out due to medical negligence, you could make an unnecessary surgery compensation claim. Every medical professional has a duty to meet the minimum standard of care required to treat a patient. This is the duty of care owed by medical professionals. If you sustain an injury or suffer harm because of a breach of this duty, then medical negligence may have occurred.
However, to make a compensation claim, you need to meet the following criteria:
- You were owed a duty of care by a medical professional. This may be a GP, consultant or member of a surgical team.
- They breached their duty of care. For example, a consultant failed to correctly read the results of a test or scan.
- That this breach caused you harm that you wouldn’t have experienced otherwise. For example, if unnecessary surgery was then carried out (following the misread scan or test results), causing you harm and extending your recovery period.
How Many Claims Are Made About Surgical Procedures?
According to the NHS annual statistics factsheet we can see that in the most recent year for reporting (2022/23) there were 1,127 claims for orthopaedic surgery negligence. This was followed by 738 claims for negligence during general surgery and 178 claims for negligent neurosurgery.
A medical negligence solicitor from our panel could help you to make an unnecessary surgery compensation claim.
What Is The Process For Claiming Unnecessary Surgery Compensation?
There are steps which any successful claim for unnecessary surgery must go through. These steps may include:
- Seeking medical care and advice. Your first step in discovering you have been the victim of unnecessary or inappropriate surgery is to seek medical care. You should ensure that you get appropriate treatment for the harm caused by unnecessary surgery and for your original condition.
- Contact a No Win No Fee medical negligence solicitor. They could advise you as to whether your case meets the threshold to make a claim.
- Your solicitor can help to collect evidence to support your claim such as your medical records. They may also ask that you attend a medical appointment to independently assess the harm caused to you.
- Your solicitor will send a letter of claim to the healthcare provider liable for the harm caused to you. They will be called the defendant. Following this, the defendant’s insurance provider will respond to your claim and the two parties will begin negotiating.
- Your claim may progress to court if the defendant does not accept their liability or disputes the amount claimed.
A medical negligence claim may be settled at any point after the defendant is notified. Our advisors could connect you to a medical negligence solicitor from our panel if it seems like you could have good grounds to claim unnecessary surgery compensation.
How Much Compensation Could I Get In My Unnecessary Surgery Claim?
If you make a successful medical negligence claim, your unnecessary surgery compensation will depend on what harm you suffered and how serious this has been. Additionally, your settlement could consist of two parts. These are called ‘heads of claim’.
The first of these is general damages. These are awarded for physical or mental pain and suffering caused by medical negligence.
The second is special damages. These are awarded for the financial losses and costs associated with the harm you suffered.
Below, we have included examples of how negligence payouts may be calculated for different injuries. The figures are taken from guidelines produced by the Judicial College. Solicitors and other parties who value claims may use these guidelines when calculating compensation payouts.
| Harm Caused | Severity | Compensation Guideline |
|---|---|---|
| Multiple injuries and financial losses | Serious to severe | Up to £500,000 |
| Brain injury | Moderate (c) (i) | £183,190 to £267,340 |
| Brain injury | Moderate (c) (iii) | £110,720 to £183,190 |
| Kidney injury | Serious and Permanent Damage to Both or Loss of Both | £206,730 to £256,780 |
| Post-Traumatic Stress Disorder | Moderately Severe (b) | £28,250 to £73,050 |
| Bladder injury | Long-term Function Interference | £28,570 to £38,210 |
| Spleen injury | Loss | £25,380 to £32,090 |
| Spleen injury | Minimal | £5,310 to £10,550 |
| Bowel injury | Penetrating Injuries | £15,370 to £29,870 |
| Neck injury | Moderate (b) (iii) | £9,630 to £16,770 |
Figures in the first row include special damages for financial losses and are not taken from the Judicial College guidelines. As all medical negligence claims are awarded compensation on their own merits, this table is only intended as a guide.
Special damages may be claimed for costs and losses including:
- Medical procedures, such as corrective surgery.
- Medication and prescription costs,
- Care costs,
- Lost earnings and income. May include lost entitlement to overtime or pension contributions.
- The cost of adapting your home or vehicle if necessary. This may be the case in the event of an amputation or other serious harm caused.
Our team can help to assess your entitlement to unnecessary surgery compensation and workout how much you could be owed. Contact us to get advice on when to accept an offer in a medical negligence claim.
Can I Claim For Unnecessary Surgical Procedures On A No Win No Fee Basis?
If you are eligible to make an unnecessary surgery compensation claim, a No Win No Fee solicitor from our panel could help you to do so through a Conditional Fee Agreement (CFA).
Under a CFA you will not need to make an upfront payment to your solicitor for them to start your compensation claim. Also, you will not need to pay for their services whilst your claim is ongoing. Instead, if you win your medical negligence claim you will pay a success fee. This fee is set as a percentage of your awarded compensation and the amount is legally capped. If your unnecessary surgery claim is unsuccessful, there will be nothing to pay for your solicitor’s services.
For free advice on making an unnecessary surgery compensation claim contact our team, by:
- Phoning an advisor 0800 408 7825.
- Sending a message via our ‘contact us’ form.
- Use the live chat feature.
Learn More About Making A Medical Negligence Claim
Here we have included further resources on medical negligence claims. We have included guides from our own site and from trusted references.
- If you have been harmed by oesophageal cancer misdiagnosis, please contact our specialist team.
- In this guide we look at how to make a leukaemia misdiagnosis compensation claim.
- If you have been harmed due to a doctor prescribing the wrong medication, find out how to make a claim.
References:
- You can find out more about NHS Resolution and the role they play in medical negligence claims at this resource.
- In the NHS Constitution for England you can find out more about your rights as a patient.
- Learn more about the fundamental standards in care with this Care Quality Commission resource.
FAQs About Unnecessary Surgery Claims
Below we answer some frequently asked questions about unnecessary surgery compensation claims.
How Long Do I Have To Make An Unnecessary Surgery Claim?
You must begin any medical negligence claim within the limitation period. This is set by the Limitation Act 1980. The standard limitation period is three years from when the medical negligence caused you avoidable harm or when you discovered the harm you suffered could have been avoided.
There are some exceptions to this time limit. For further information about time limits for medical negligence claims, speak to a member of our team today.
Can I Claim Against A Private Healthcare Provider?
As we have explored in this guide, if you have undergone a surgical procedure you did not need, you could be eligible to claim compensation. The same eligibility criteria will apply whether your claim is against the NHS or a private healthcare provider.
We hope our guide to unnecessary surgery compensation claims has helped you. Call an advisor and find out if a medical negligence solicitor could help you.