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Unnecessary Surgical Procedure Claims

Reviewed by

Peter Rigby - Director of Medical Negligence | Last updated on: 30th September, 2024

We've got your Unnecessary Surgical Procedure Claim covered


When we’re at our most vulnerable, we trust medical professionals to provide the best care possible. While most healthcare providers excel in their duties, sometimes errors occur that can have devastating consequences. If you’ve undergone an unnecessary surgical procedure that has caused you harm, you may be entitled to compensation. Our experienced team specialises in unnecessary surgery claims, helping victims of medical negligence reclaim their lives and secure the justice they deserve.

 

What is an unnecessary surgery claim?

 

An unnecessary surgery claim is a type of medical negligence case where a patient undergoes a surgical procedure that was not medically required or justified. These claims may arise when a healthcare provider performs surgery that was not needed, was performed on the wrong body part, or was based on a misdiagnosis.

 

The impact of an unnecessary surgery can be long-lasting, affecting a patient’s quality of life, ability to work, and overall well-being. If you’ve been subjected to an unnecessary surgical procedure, you may be entitled to compensation for the physical, emotional, and financial damages you’ve endured.

 

In the medical field, unnecessary surgeries fall under the category of ‘never events’. A ‘never event’ is a serious, preventable patient safety incident that should not occur if proper safety protocols are followed. The NHS has established procedures for every surgery, illness, and treatment plan specifically designed to prevent these events from happening. Despite their name, never events can and do occur, albeit rarely.

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Examples of unnecessary surgical negligence

 

Our medical negligence solicitors have helped individuals pursue compensation after receiving negligent treatment including the following:

 

  • Surgery performed in the wrong area of the body
  • Surgery performed on the wrong person
  • Surgery performed as a first resort where another, less-invasive procedure may have been more appropriate
  • Surgery performed with an insufficient or an exorbitant amount of anaesthesia
  • Surgery performed for the wrong condition, due to a misdiagnosis
  • Surgery performed without informed consent

 

What are the main types of unnecessary surgical procedures?

 

In our experience, we have seen clients who have received unnecessary surgical procedures relating to:

 

 

What are the implications of unnecessary surgery?

 

Unnecessary surgical procedures can have devastating implications for patients, often causing significant physical, emotional, and financial harm. Including:

 

  • The causation of 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
  • The aggravation  or worsening of old injuries, including the initial reason for the surgery
  • Financial strain, as unnecessary surgeries can result in the need for ongoing treatments

 

No Win No Fee unnecessary surgery claims

 

We recognise that taking legal action after enduring an unnecessary surgery can feel overwhelming. That’s precisely why we’ve implemented a No Win No Fee agreement for all our medical negligence claims, including unnecessary surgery. 

 

This means you don’t need to pay anything to start your claim; you’ll face no upfront costs, zero hidden charges, and only pay anything at all if your claim is successful.

 

This approach means that seeking compensation for the harm you’ve suffered doesn’t add to your financial burden or cause additional stress. We firmly believe that everyone deserves access to expert legal representation, regardless of their current financial situation.

 

If you have been suffered as a result of negligence relating to unnecessary shoulder treatment at Walsall Manor Hospital, we are here to help.

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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

The amount of compensation for an unnecessary surgery claim varies significantly based on individual circumstances, but it can range from thousands to millions of pounds. Factors that influence the compensation amount include the severity of your injuries, the impact on your quality of life, and any financial losses you’ve faced. We recommend getting in touch with our experienced legal team who will listen carefully to the details of your claim and then advise on how much compensation you could potentially receive.

An unnecessary surgery negligence claim should be made 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. If the case involves anyone under 18, the legal case must be pursued within three years from the date of their 18th birthday.

Unnecessary surgery refers to any surgical procedure that:

 

  • Was not medically required to treat the patient’s condition
  • Was performed based on a misdiagnosis
  • Was more extensive than necessary for the patient’s condition
  • Was performed on the wrong body part or the wrong patient
  • Could have been avoided through alternative, less invasive treatments

 

In essence, it’s a surgical intervention that did not provide any medical benefit to the patient and exposed them to unnecessary risks, complications, and recovery time.

Building a strong case for an unnecessary surgery claim requires substantial evidence. This can include documentation of your diagnosis and surgical procedures, witness statements from family members who witnessed your condition before and after the surgery, and bills to demonstrate financial losses. Our legal team will assist you in gathering and presenting this evidence and, during your free initial consultation, we can guide you on what evidence will be most relevant to your individual case.


Meet our Unnecessary Surgical Procedure Team

  • Andrew Hesketh

    Associate, Head of Medical Negligence

  • Iain Dodd

    Partner, Senior Solicitor

  • Kathryn Sharkey

    Senior Solicitor

  • Sophie McGarry

    Solicitor Apprentice


  • Case Study

    Sarah's Story

    "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.