Unnecessary Surgery Claim

Common unnecessary surgery negligence claims range from issues with diagnosis to errors in A&E and even errors when carrying out routine surgery. 

You expect care and treatment of a high standard when you visit any medical professional; not receiving it by undergoing unnecessary surgery could be clear medical negligence.

Common unnecessary surgery claims are:

The unnecessary surgery after misdiagnosis of a condition, like a cancer misdiagnosis, can be very intrusive and traumatic for a patient. 

Instead of carrying out the relevant tests, the surgeon or consultant performs unnecessary surgery. 

During the surgery for removing a tumor or cancerous growth, the surgeon discovers only healthy tissue and that the surgery was unnecessary.

Unnecessary surgery due to mixing up of medical notes should not happen but can do in a poorly-run ward. The nurse gives the doctor the wrong medical file, who then orders unnecessary surgery on you, the patient. 

Protocol and NICE guidelines show how the mixing up of medical notes is avoidable, but when it happens, you may have a claim for unnecessary surgery negligence.

Wrong site surgery errors can easily happen if the surgeon and their team do not prepare properly for an operation. 

They carry out surgery on your left knee instead of your right one, possibly damaging the joint when carrying out the unnecessary surgery.

The surgeon should double-check notes with the patient and the surgical team before performing surgery. 

Carrying out wrong site surgery delays the correct treatment and could delay your recovery for months.

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Misreading your medical notes can lead the surgeon to perform unnecessary surgery. They make a diagnosis based on what they read in your notes and carry out unnecessary surgery on your back, leg, or chest. 

A surgeon may carry out surgery to remove your gallbladder, but if they had read your medical notes, they would have seen you had it out a couple of years earlier. 

Unnecessary surgery due to misreading your medical notes could be medical negligence, and you may have a claim for compensation.

Surgery due to misreading of test results happens when a doctor or consultant looks at a scan or X-Ray and decides you need surgery when in fact, there is not a need for the surgery. 

The doctor misreads the test results, perhaps deciding to operate for cancer, and sends you for surgery. 

The unnecessary surgery would not happen if a second doctor were to read your scan and the team followed all NICE guidelines.

Unnecessary surgery for joint replacement can happen when due care is not taken with doing your tests and scans for your hip, shoulder, or knee problem. 

It could be you have a muscular or nerve problem, and the surgeon carries out unnecessary surgery when there are alternatives. 

Unnecessary surgery for joint replacement is very intrusive and could keep you off work and unable to drive for many months.

All case reviews are 100% cost and commitment free.

Unnecessary surgery to implant a device such as a Pacemaker or Vagus Nerve Stimulator can cause stress in the patient and the family. 

The surgeon implants a pacemaker in your heart when a course of medication may have been a better alternative. 

Heart surgery is invasive, and you may have a claim for compensation if you undergo unnecessary heart surgery.

Undergoing full surgery when you could have a keyhole alternative adds time to your hospital stay, gives you a larger scar than necessary and could even put your life in danger. 

Keyhole surgery reduces the time involved in surgery, makes the operation cleaner and reduces the stress for the patient and family. 

You may have an unnecessary surgery claim if you are not offered keyhole surgery as an alternative to a full operation. 

When you suffer unnecessary surgery, you can claim compensation for the damages involved, both for any injury and the long-term effects on your life.

You can seek compensation for unnecessary surgery negligence claims in amounts from the low £10,000s to over £10 million in some cases. 

Anyone who undergoes unnecessary surgery could have a compensation claim. Your claim depends on if you can prove the surgery was unnecessary, you suffered as a result, and the surgeon was negligent in carrying out the surgery. 

The compensation varies depending on several factors, and unnecessary surgery negligence claims sometimes see very high awards, such as when misdiagnosis leads to amputation or a lifetime of unnecessary suffering and chronic pain. 

Compensation amounts in unnecessary surgery negligence claims can be:

All amounts are approximate and are only a guide to what is possible in unnecessary surgery negligence claims. Figures can be high in some claims as you or a loved one could need long-term care and may face medical bills for life. You claim for these care expenses and the medical costs in the future. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to unnecessary surgery complications. 

A No Win No Fee medical negligence solicitor will be the one to advise you on an unnecessary surgery negligence claim. They will know from experience what your case may be worth and how to make a successful claim. 

Your No Win No Fee medical negligence solicitor will handle your unnecessary surgery negligence claim for compensation and for all damages incurred.

A medical professional is responsible for any unnecessary surgery claims. When you bring a claim for unnecessary surgery negligence, you claim against the NHS Trust or private clinic that employed the medical professional responsible.

A medical professional responsible for the unnecessary surgery could be:

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer unnecessary surgery if they are negligent with that duty of care and do not provide you with a professional service before an operation.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into the surgery, they have damaged your leg, hip, or heart, which is clear medical negligence. 

You may need to undergo years of treatment to correct the errors of surgery negligence. By behaving less-than-professionally, the doctor risks your health, and the effects could be with you for life.

You can claim compensation for the unnecessary surgery negligence and to get help with getting your life back on track again.

Surgical negligence is when a surgeon carries out surgery below acceptable standards. It is carrying out a surgical procedure at a level below what is expected by a medical professional.

Unnecessary surgery is surgical negligence. It can be very distressing if you undergo a surgical procedure only to find out later that it was unnecessary, and you may still need to undergo further surgery. 

When you are a victim of surgical negligence, you might be able to sue for compensation. The money you get for your compensation claim will help you regain your health and recoup any lost income. 

Expert medical negligence solicitors, such as the Medical Negligence Team, will fight your claim to try and get you the compensation you deserve for the unnecessary surgery.

The lack of informed consent can lead to the surgical negligence of unnecessary surgery. A fully informed patient will understand a surgical procedure, if it is necessary and if they want it performed. 

Informed consent is when all possible outcomes, side effects and potential negative effects of the medical procedure are explained to the patient. With surgery, the patient must understand and accept what they are being told before the procedure can continue. 

It is not enough for medical professionals to say they will do an angioplasty and only ask if that is ok with you. They must explain how and why they are doing it, what the benefits are, and what are the dangers of having the angioplasty.

The surgical team must explain the surgery and if there is a non-surgical procedure as an alternative.

The steps involved in making an unnecessary surgery negligence claim go from seeking medical advice to issuing court proceedings. 

The steps are a part of any successful compensation case, and settlement can happen at any stage in the process. 

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

You have three years to make a claim for unnecessary surgery negligence. All medical negligence claims are subject to limitation periods.

For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the unnecessary surgery negligence claim. 

If someone has passed away, it is the date of death if the limitation period has not expired at the date of death. 

Children not under a disability typically have until they reach 21 to start an unnecessary surgery negligence claim or court proceedings. 

Persons with a disability, who lack capacity, are not subject to any limitation period.

All case reviews are 100% cost and commitment free.

Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment. 

There are between 8,000 and 10,000 successful medical negligence claims against the NHS each year—amounts in compensation claims awarded against the NHS range from £1000 to over £10 million. 

The amount of compensation you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs. 

We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution. 

NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.