We've got your Unnecessary Surgical Procedure Claim covered
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- Not just lawyers - real specialists
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- UK's highest-rated medical negligence solicitors
Few people manage to go through life without having to undergo any surgical procedures. For many, surgery is an unpleasant yet necessary event in our lives. As surgery becomes more common in this country, the whole process becomes a lot more of an effective way to combat illnesses. But that does not mean to say that surgery should take place when it doesn’t necessarily need to.
Medical professionals usually do an excellent job of looking after us when we feel our worst. But medical errors do unfortunately happen, and they can have a drastic effect on your quality of life. If an unnecessary surgical procedure has caused you undue harm, you may be eligible to make a compensation claim. In most circumstances the person that would be held accountable for the negligence is the individual who performed the surgery. In other cases it may be another member of medical staff such as a GP who misdiagnosed you initially and therefore sent you for surgery that you did not require.
You may be able to claim if:
- Surgical procedures have caused new injuries not previously sustained
- Increased recuperation time due to surgery that was not necessary
- Potential allergies or infections that could have been avoided during surgery
- If the surgery has made old injuries, or the reason for the surgery to worsen
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What to do if you have suffered an unnecessary surgical procedure
Preparing yourself for surgery can be an incredibly stressful time. You may be worried about your existing condition, or concerned about the diagnosis you will receive as a result of your surgery. Added to this, there is the concern about the surgery itself. If your surgery is later deemed to be unnecessary, this could be as a result of negligent action from the medical team.
Further complications arise when the unnecessary surgery aggravates your presenting symptoms, or causes new injuries and stresses to your body. This is a distressing and physically enduring experience for anyone to go through, and when this action arises through negligent treatment, you have the right to enquire about compensation.
Seeking advice from medical negligence experts means that you will be taken care of every step of the way. We understand the medical sector and can help you through the claims process with ease.
We work with all different kinds of medical negligence claims at Patient Claim Line every day. We have become accustomed to nearly every possibility of claim that could be made, due to our many years of experience in this specialised field. We will always do our very best to ensure that your claim is heard and that you are awarded the compensation you deserve.
Why Choose Patient Claim Line for your Unnecessary Surgical Procedure Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Unnecessary Surgical Procedure Claims
Our expert legal team answer your questions about making an Unnecessary Surgical Procedure Claim
Unnecessary surgery takes place when a surgical procedure is carried out, despite it not being required. This may be deemed negligent, if a lack of proper consent was provided by the patient prior to the surgery taking place, or if a suitable alternative treatment was not presented.
When making an unnecessary surgery negligence claim, it should be done within three years. This three-year period will begin either from when you or your loved received negligent care or from when your injuries or illness were diagnosed due to negligence. It is important to seek this legal advice within the three-year window, as you may miss out on compensation you are entitled to. If the case involves anyone under 18, the legal case must be pursued within three years from the date of their 18th birthday.
In our experience, we have seen clients who have received unnecessary surgical procedures relating to:
- Unnecessary amputation procedures
- Unnecessary surgery to the back, spine and brain
- Unnecessary procedures relating to cancer
- Unnecessary general surgical procedures
- Unnecessary heart surgery
- Unnecessary orthopaedic surgery
- Unnecessary surgery on reproductive organs
- Unnecessary cosmetic or reconstructive surgery
Unnecessary surgery can cause further pain and suffering that would otherwise have been avoided. The impact can be long lasting.
Meet our Unnecessary Surgical Procedure Team
Associate, Head of Medical Negligence
Andrew is an experienced solicitor with over 20 years post-qualification experience, working in personal injury and clinical negligence. He has experience of dealing with a wide variety of clinical negligence matters and has progressed claims from initial instructions right through to Trial hearings at Court.
As one of the Heads of our Medical Negligence Team he is part of our leadership team, supporting and supervising our skilled teams in the progression of their cases.
Partner, Senior Solicitor
Iain is a senior solicitor and team leader, managing a team of lawyers and handling his own cases. He and his team specialise in catastrophic clinical negligence cases and he has recovered tens of millions of pounds in compensation for clients.
Iain is predominantly instructed in claims exceeding £1million, usually in relation to brain injury, spinal cord injury and amputations. He practices almost exclusively in the High Court and is a solicitor-advocate. Iain has obtained many multi-million-pound settlements, either by way of a lump sum and/or annual payments. He consistently achieves significant settlements on exceptionally complex claims.
Highlights of recently settled cases
JH v Dr D – 2021 – £1,625,000.00 for a 61-year-old female who suffered a spinal stroke during back surgery in 2016 when her blood pressure was allowed to remain too low during the operation. Liability was disputed in full in an extremely complex case and the matter settled 2 weeks before a 5-day liability Trial was due to begin.
SF v Barnsley Hospital – 2021 – £600,000.00 for a 67-year-old female for the hip and sciatic nerve injuries that she sustained following a fall when recovering from a hip replacement procedure in January 2015. She suffered an acetabular fracture, sciatic nerve injury and foot drop.
BXF v Dartford Hospital – 2020 – £1,075,000.00 for a 16-year-old boy, for the Volkmann’s ischaemic contracture he suffered in the left arm and hand after receiving negligent medical treatment 10 years before the initial instructions were received. He suffered pain in the arm, had limited functional use and a wasted appearance of the hand.
RL v County Durham NHS – 2020 – £1,000,000.00 for a 27-year-old female who suffered liver cirrhosis following a delay of two years in the identification of a gene mutation and polycythemia vera disorder. She developed Budd-Chari syndrome, her liver was permanently damaged, and her life expectancy was reduced by approximately 10 years.
DB v WSH NHS – 2019 – £1,000,000.00 for a 49-year-old male, requiring an above knee amputation to the right leg after presenting at hospital with acute limb ischaemia in May 2014. Liability was disputed.
BM v County Durham NHS – 2019 – £1,275,000.00 for a 65-year-old female for negligent knee replacement surgery resulting in an above knee amputation.
RCH v United Lincolnshire NHS – 2019 – £570,000.00 for the estate of a deceased man following his avoidable death from a treatable heart condition.
MS v CB – 2019 – £420,000.00 for a 58-year-old female for the delay in diagnosing and treating a back injury she suffered following an operation in March 2015. She suffered foot drop and ongoing pain.
JXP (a protected party) – 2018 – £9,862,000.00 for a 44-year-old female who suffered a subarachnoid haemorrhage following a delay in providing surgical treatment of a brain aneurysm before its rupture.
DXW v BTH NHS – 2018 – £7,250,000.00 for a 20-year-old male rendered paraplegic at T3 level following failures in the A&E department to properly immobilise an unstable thoracic fracture.
RXW v X, Y & Z – 2018 – £2,500,000.00 for a 46-year-old male that suffered a left sided stroke causing significant neurological disability following alleged failure to correctly diagnose and treat a number of TIAs. Liability was denied by 3 Defendants.
M v Essex NHS – 2018 – £342,000.00 for a 44-year-old female for alleged failures to prevent exacerbated cauda equina syndrome. Liability was denied.
Previous Legal 500 testimonials include:
“Pragmatic and knowledgeable… a solid, safe pair of hands… a strong negotiator”.
“Iain and Nina have been wonderful. The whole team from start to finish have given me a first-class service. I have already recommended them to others, and I will continue to do so.”
“I can’t thank you enough for what you have done for me and my family. Your knowledge and skill is remarkable but your care and kindness means so much to me. I can remember my first meeting with Iain seems such a long time ago, but your compassion has never altered. You are all very special people. Please keep in touch, you have become more like family than solicitors.”
- Association of Personal Injury Lawyers – Accredited Senior Litigator
- Member of the Law Society’s specialist Clinical Negligence Panel Accreditation scheme
- Chambers and Partners ranked solicitor, Band 2, Liverpool & surrounds
- Solicitor-Advocate (Higher Rights of Audience civil proceedings)
- Solicitor (Grade A)
Kathryn is one of our Senior Solicitors and has over 11 years’ experience in the field, with both defendant and claimant claims.
She manages a team of junior and senior paralegals, ensuring cases are running smoothly throughout her team.
Sophie is a Litigation Executive with 8 years medical negligence experience. She acts on behalf of clients and runs a complex, varied caseload of claims worth over £100,000. Sophie handles a wide range of claims including Obstetrics / Gynaecology claims, Cancer claims, Orthopaedic claims, surgical claims, delay in diagnosis claims etc.
She is dedicated to achieving the best outcome for her clients, getting the answers that they deserve and supporting them throughout their claim. It is important to her to build a relationship of trust with her clients, to ensure that they feel listened to and understood, and to hold their hand every step of the way.
Notable Settled cases
SR -v- Ashford and St Peter’s Hospitals NHS Foundation Trust
Sophie recently settled this claim for £275,000. This claim related to a negligently performed knee replacement surgery which resulted in her client requiring a revision knee replacement and suffer ongoing pain, suffering, loss of amenity, reduced function and reduced mobility. Her client had to take early retirement from her role as a medical secretary within the NHS as a result of the negligence. It is likely that the client will require a further revision knee replacement in the future as a result of the Defendant’s negligence.
AC -v- St Helens and Knowsley Teaching Hospitals NHS Trust
She recently settled this claim for £120,000. This claim related to a delay in diagnosing and treating her client’s meniscus tear, which he sustained whilst playing football. By the time the client’s meniscus tear was diagnosed and operated on, the meniscus was no longer repairable, and the only option was to undergo a meniscectomy. Sophie’s client is likely to have to undergo meniscal allograft surgery in the future as a result of the negligence. The client was 16 at the time of the injury / negligence, he was an avid football player and an aspiring Police officer. As a result of the negligence, her client was no longer able to play football and was unable to join the Police force. He therefore suffered a loss of earnings and loss of Police pension.
BS -v- University Hospitals of Leicester NHS Trust
Sophie settled this claim for £140,000. This claim related to a perforation of her client’s bowel and the failure to identify and repair the perforation at the time of the laparotomy, as well as the negligent removal of a section of the client’s colon. As a result of the negligence, they underwent 6 further, avoidable surgical procedures, an avoidable permanent stoma, an avoidable colectomy and formation of an end ileostomy, an avoidable failed abdominal wall, an avoidable open rectal stump, the avoidable need for VAC therapy, avoidable scarring, an avoidable extended hospital admission (including admission to ITU) and the avoidable need for rehabilitation.
LL -v- Dr Endicott
She settled this claim for £57,000. This claim related to inadequate investigation, treatment and management of her client’s pre-existing periodontal disease and negligent ill-fitting bridgework. These failures caused peri-implant disease (an inflammatory condition affecting the gums), chronic infection and bone loss, which led toto the avoidable removal of 4 implant fixtures, which if adequately managed, were likely to have lasted for the remainder of her lifetime. As a result of the negligence, Sophie’s client experienced pain, suffering and loss of amenity and now requires extensive remedial dental treatment, which will result in further pain and suffering. The treatment will also involve bone grafting and an implant-supported maxillary overdenture.
SC -v- Leeds Teaching Hospitals NHS Trust
Sophie settled this claim for £47,500. This claim related to a failure to perform appropriate observations following her client’s coronary angiogram. Sophie’s client suffered compartment syndrome and an avoidable fasciotomy. He underwent an avoidable blood transfusion, two further avoidable procedures including a skin graft, which was taken from my client’s right thigh. Her client was left with a significantly disfiguring scar on his forearm. This claim was fully denied.
“My case handler Sophie has provided me with exceptional service and has handled my case with a great deal of compassion and sensitivity. From the beginning until now, she has maintained a clear path for communication and has updated me every step of the way, which for me as a client has been reassuring. She has always approached me in a kind and professional manor, explaining thoroughly details that I may not understand. With this case has brought a level of discomfort however Sophie has reduced this and made it easier to go through, therefore I would recommend Fletchers Solicitors to anyone who has gone through similar experience to myself.”
“Our whole experience with Fletchers Solicitors has been excellent. Sophie has been absolutely amazing from beginning to end. Her work on our case has been faultless. She kept us updated at every stage. If we didn’t understand anything she broke it down for us and was always open to questions through email or phone. She has always been very helpful and professional and always had our best interests at heart. We cannot thank her enough for her efforts. Our case has now concluded successfully and we are happy with the outcome. We have absolutely no doubts about recommending this team to anyone and thank Fletchers Solicitors for their help and support.”
“[A previous legal] experience leads me to explain how refreshing it was when you (Sophie) handled my claim. When I first contacted Fletchers, I didn’t really hold out much hope. Like a lot of people, I thought it was just luck of the draw thing, I’d be just a number, going from case handler to case handler. When I first spoke to Sophie, I felt that she was completely behind me one 100%. The patience she showed me during every stage was wonderful. I always felt in safe hands, Sophie is highly knowledgeable and competent. She seemed to really care and were so approachable.”
“I contacted Fletchers Group feeling helpless! I’d had 4 dental implants on a full denture fitted, only to discover that all 4 implants had become infected, and likely had been infected for some time. They had to be removed! I was fitted with a temporary set of dentures ” to just answer the front door” as the dentist said. I didn’t receive any help from the dentist, they were very sorry but…just try one of those No win, No fee places! That was it! I didn’t really believe that they’d help, thought it was a money-making scheme. So, I contacted Fletchers, and I thank my lucky stars every day that I did. Sophie McGarry gave me hope and restored my faith in fairness. She took my hand and guided me through what was a legal maze to me, with kindness, support and a wealth of knowledge. I always felt in safe hands and Sophie, she was so supportive and approachable, especially through the tougher times. I had regular updates on exactly what was happening throughout the claim. Sophie McGarry won the claim on my behalf, and I can’t thank her enough. Fletchers Group are truly outstanding in my opinion. Thank you all so much. It’s a true account of an exceptional young lady, in my opinion.”
“Fletchers have done an incredible job representing me and got the very best outcome in the circumstances. Sophie was approachable, understanding, empathetic and reliable. Her knowledge and experience was evident throughout the process and I always felt in very safe hands. Thank you for your hard work and support, I would recommend Fletchers to anyone in a similar situation to me”.
“Sophie was outstanding from start to finish and a real credit to the company can’t speak more highly of her.”
“Sophie has been absolutely exceptional in everything that she has done on my case so far. Brilliant communication”.
“Sophie has been absolutely fantastic and is an absolute asset to Fletchers. Thank you!”
“Since our case has been passed to Sophie, I cannot fault the service we have received. Sophie is committed to getting the best possible outcome for us and has kept us well informed at every stage”.
"Now we have peace of mind"
My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.
In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.
He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.