Needing surgery is stressful enough as it is without unnecessary surgical procedures. A routine operation can give rise to serious complications if the surgeon responsible gets it wrong. For the patient, the future can involve more surgery to correct the problem and serious disruption to their life, including an added financial burden. This guide provides a wealth of useful information for those seeking unnecessary surgery compensation.
Key Takeaways For Unnecessary Surgery Claims
- Medical professionals owe their patients a duty of care, which if a breach causes unnecessary harm, can be grounds to start a medical negligence claim.
- Compensation can reflect your pain and suffering, as well as the financial difficulties caused by the negligence.
- There is a standard time limit of three years to start an unnecessary surgery negligence claim, starting from the surgery date.
- Our solicitors could represent you using a type of No Win No Fee contract, without the immediate financial burden of legal fees.
We look at these topics in more detail below. If you’d like to discover whether your unnecessary surgery compensation claim is eligible right now, our dedicated advisory team are available to help. Or to chat about any aspect of the medical negligence claims process:
- Call us on 0800 073 8801 to see how much compensation you could be owed.
- Contact us about your case.
- Or chat with our live support about the help on offer from medical negligence solicitors.
Select A Section Of Our Unnecessary Surgery Compensation Guide
- Who Can Claim Unnecessary Surgery Compensation?
- How Could Negligence Result In An Unnecessary Surgery?
- Types Of Unnecessary Surgeries
- How Much Unnecessary Surgery Compensation Could I Receive?
- Can I Make A Surgical Negligence Claim For Someone Else?
- Make A No Win No Fee Surgical Negligence Claim
- Learn More About Claiming For Medical Negligence
Who Can Claim Unnecessary Surgery Compensation?
Anyone who can prove they were avoidably harmed after receiving unnecessary surgery may be eligible to start a compensation claim against the hospital concerned. This applies to both NHS and private healthcare facilities.
All medical and healthcare professionals owe a duty of care to prevent treatment that meets the minimum standard. This includes:
- Surgeons and specialists.
- Nurses.
- GPs and doctors.
- Paramedics.
- Pharmacists.
The duty of care also extends to the medical environment such as the hospital, A&E or other facilities for treating patients.
However, in order to claim unnecessary surgery compensation, you need to satisfy the medical negligence claims criteria. This means that you need to prove that:
- You were owed a duty of care.
- This was breached.
- The breach caused you to suffer harm unnecessarily.
Call us today to discuss your unnecessary surgery. We can assess whether you have good grounds to claim compensation. If you do, we can help you get started on a medical negligence claim.
The Legal Definition Of Medical Negligence
Medical negligence is when you suffer harm that could have been avoided, or suffered harm because a healthcare provider omitted treatment. Also, the psychological harm caused like post-traumatic stress disorder (PTSD) can qualify as a breach of the duty of care owed to you.
Healthcare professionals must meet recognised professional standards when treating patients. For example, the General Medical Council sets a duty of care for medical professionals that are registered with them. However, other professional bodies may set a duty of care for other medics. Additionally, the healthcare provider, such as the hospital, also owes patients a duty of care.
If you’d like free guidance on whether your unnecessary surgery compensation claim meets the criteria, speak to our team on the number above.
How Could Negligence Result In An Unnecessary Surgery?
We now look at some typical ways in which a healthcare professional could fail to meet their duty of care and prompt unnecessary surgery:
- When failing to read X-rays, scans, blood tests or other diagnostic tools correctly results in a medical misdiagnosis.
- Failing to meet their obligation to tell a patient when a mistake has been made.
- Being tired or overworked and simply performing the right procedure in the wrong area.
- Not being certain about the medical actions they take, for example, removing more of a limb than was strictly necessary.
- Failing to order further tests or exploratory procedures before surgery.
- Not correctly assessing issues and risks as they relate to that particular patient. For example, the patient’s suitability for a certain operation.
To check if you are eligible for medical negligence compensation, speak to a team member. They can assess whether you have good grounds to claim unnecessary surgery compensation.
Types Of Unnecessary Surgeries
There can be numerous scenarios where unnecessary procedures might be carried out:
- Wrong-site surgery – This is where the wrong site was operated on.
- Wrong person surgery -Performed in error on another patient.
- Never events – This term refers to instances such as the wrong limb being amputated or when foreign objects are retained after surgery.
- Delayed treatment – Surgery that was necessary after a delay in receiving the correct treatment or being given the wrong medication.
- Surgery based on error – An example here is surgery that was not required at the start of treatment, but because of the error, additional surgical procedures were then called for.
- Birth injuries – Emergency surgical procedures during childbirth to the mother and/or baby performed without being medically necessary.
Your situation may be different. If you feel that the surgical treatment you received was either sub-standard or that failure to meet a duty of care caused you unnecessary harm, speak to our advisors about claiming unnecessary surgery compensation.
How Much Unnecessary Surgery Compensation Could I Receive?
Successful claims for unnecessary surgery compensation can see an amount made up of two categories of loss called general and special damages. General damages take into account the person’s suffering and pain, as well as the psychological distress that incorrect and unneeded surgical procedures might create.
To calculate an amount for general damages, those involved look at the medical evidence submitted as proof. An independent medical assessment can be arranged to help provide this proof. They may also look at publications like the Judicial College Guidelines (JCG). This document lists guideline award amounts for a range of injuries and types of harm based on location and severity. The excerpt below illustrates:
Compensation Guidelines
| Injury Type | Severity | Compensation Guidelines | Definitions |
|---|---|---|---|
| Serious, multiple types of harm as well as special damages | Serious | Up to £1 million plus. | This reflects more than one serious form of harm and an award for financial losses like damaged income and medical expenses. |
| Paralysis | Paraplegia | £267,340 to £346,890 | Paralysis of the lower body with the award considering pain, independence, depression, age and life expectancy and sexual function. |
| Arms | (b) Amputation (i) | No less than £167,380 | Removal of one arm at the shoulder. |
| (b) Amputation (iii) | £117,360 up to £133,810 | Loss of one arm below the elbow. | |
| Leg | (a) Amputations (iii) | £127,930 up to £167,760 | Amputation above knee on one leg. |
| (a) Amputations (iv) | £119,570 up to £162,290 | Amputation below knee on one leg. | |
| Psychological Harm | (a) Severe | £66,920 up to £141,240 | Cases where the person is permanently psychologically harmed and struggles to cope with life after the event. |
| Kidney | (c) Loss of Kidney | £37,550 up to £54,760 | Cases where the remaining kidney is undamaged. |
| Spleen | (a) Loss of Spleen | £25,380 up to £32,090 | Cases that leave a residual impact on te immune system or risk of infection. |
| Scarring | A group of small scars or single disfiguring scar. | £9,560 up to £27,740 | Scars on the leg(s), chest, arm(s) or hand(s). |
Please bear in mind that every unnecessary surgery compensation claim will vary from person to person, so these figures are intended purely as guidelines only. Also, the first line entry is not from the JCG.
What Are Special Damages?
Special damages are the head of loss that compensates for the financial harm caused by the surgical negligence. To include these in your unnecessary surgery compensation claim, you would need to put forward documented evidence such as:
- Receipts that show the costs of changes and alterations at home to deal with a new permanent disability.
- Invoices for the amounts paid to people who cared for you.
- Travel expenses to vital appointments.
- Payslips that show your lost earnings.
Evidence like this can be used to calculate an amount of special damages compensation. Call our advisors for more information.
Can I Make A Surgical Negligence Claim For Someone Else?
An unnecessary surgery compensation claim can be made for two groups:
- People under 18 cannot start a medical negligence claim themselves. To act immediately, the courts often allow a parent or guardian to act as a litigation friend. In this role, a compensation claim can start immediately. If no claim is made on their behalf, the person has three years from the date of their 18th birthday to start their own claim.
- People who lack mental capacity are exempt from the standard three-year time limit detailed in the Limitation Act 1980. They also can use a litigation friend, or they have three years from the date that mental capacity returns to start a claim themselves.
For more free guidance on starting an unnecessary surgery compensation claim on behalf of others, call the number above, email us or ask the live discussion window below a question.
Make A No Win No Fee Surgical Negligence Claim
Our solicitors have been supporting people making unnecessary surgery compensation claims for years. They have the essential skills to calculate damages fully and argue strongly for the best settlement for their client. In addition to this, they can support claimants through the entire process from collecting evidence to recommending the best time to settle.
These excellent services are also available to eligible claimants in a way that avoids upfront costs and legal fees. Our solicitors offer a type of No Win No Fee contract called a Conditional Fee Agreement (CFA) which means:
- No immediate solicitors fees apply.
- No fees apply for their work going forward.
- Nothing needs to be paid for the solicitor’s work if the claim fails.
- Only a legally restricted percentage deducted from the compensation needs to be paid if the claim has a positive outcome. Because this ‘success fee’ is capped, the person claiming benefits the most from the payout.
Interested in learning more? See if our No Win No Fee solicitors could take the stress out of your unnecessary surgery compensation claim today:
- Call us on 0800 073 8801 to see how much compensation you could be owed.
- Contact us here about your case.
- Or chat with us now about the help on offer from our medical negligence solicitors.
Learn More About Claiming For Medical Negligence
As well as this guide about unnecessary surgery compensation claims, these other resources might be useful:
- Read about GP misdiagnosis claims here.
- Also, plastic surgery negligence claims are discussed here.
- In addition to this, claims against a negligent paramedic are explained here.
External help:
- Some information about learning from medication errors from NHS Resolution.
- In addition, some patient guides and materials from the General Medical Council (GMC).
- Also, advice from the Care Quality Commission on how to find a hospital based on quality of care.
Lastly, we value your interest in this guide about unnecessary surgery compensation claims. For any more help and assistance after medical negligence, please reach out to the team.
