An unnecessary surgery claim seeks compensation for the medical negligence of undergoing surgery when it is not needed. If a medical professional performs surgery on you that is unnecessary or avoidable, you may have a claim for medical negligence. 

You may make an unnecessary surgery negligence claim when you receive care that is less than what another professional would provide. You may suffer months or years of unnecessary pain and discomfort due to the medical negligence, and you might be able to claim compensation from those responsible. 

A No Win No Fee medical negligence solicitor can make your claim for unnecessary surgery negligence and get you the compensation you deserve.

compensation for the medical negligence of undergoing surgery when it is not needed

What is an unnecessary surgery claim?

An unnecessary surgery claim is when you receive less than professional care from a surgeon or surgical team at a hospital or clinic. They may advise you to undergo unnecessary surgery or not advise you fully on the alternatives. 

Medical negligence is medical care below that any other medical professional acting at an acceptable level would provide. With unnecessary surgery negligence, you could suffer pain, scarring, delayed treatment or be exposed to unnecessary risk. 

You could undergo unnecessary surgery if a doctor misdiagnoses a condition or if they think surgery is the only option when there are possible alternatives. 

Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid unnecessary surgery negligence claim for compensation.

Medical Negligence Claim Assessment

Take our 5-minute claim assessment to determine the strength and validity of your case. This is a 100% cost and commitment free service.

Common Unnecessary Surgery Negligence claims

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:

  • Unnecessary surgery due to mixing up of medical notes
  • Wrong site surgery
  • Misreading your medical notes
  • Surgery due to misreading of test results
  • Unnecessary surgery for replacing joints
  • Unnecessary surgery to implant a device
  • Failure to inform the patient of alternatives
Common Unnecessary Surgery Negligence claims

Unnecessary surgery after misdiagnosis of a condition

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

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

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.

Schedule A Call

If you have been a victim of any form of medical negligence? We specialise in pursuing damages against negligent healthcare providers. 

It’s free and easy to speak with one of our team of medical negligence professionals.

Misreading your medical notes

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

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

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.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical records

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Unnecessary surgery to implant a device

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.

Full surgery instead of a keyhole alternative

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.

Compensation for unnecessary surgery claims

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:

  • Unnecessary hip surgery – £20,000
  • Misdiagnosis of a scaphoid fracture – £25,000
  • Unnecessary surgery on knee injury – £80,000
  • Unnecessary replacement of knee joint – £92,500
  • Surgery on the wrong shoulder – £210,000
  • Misdiagnosis of a need for hip replacement – £250,000
  • Amputation of the wrong leg due to misreading notes – £4 million
compensation claim calculator

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.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

What can you claim for when you sue for unnecessary surgery negligence?

You can claim compensation for any damages that occurred when you sue for unnecessary surgery negligence. 

There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.

medical negligence compensation types

General damages 

General damages are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to negligence.

  • Pain is that above what is normally expected for your procedure.
  • Suffering is the inconvenience and changes to your life that cause you discomfort.
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Special damages 

Special damages include loss of earnings, future care costs, and out-of-pocket expenses.

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future.
  • Future care costs are for any care you will need as a result of medical negligence.
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals.

Be sure to keep payslips, receipts, and proof of any losses you experience due to the medical negligence.  

You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs. 

When you or a loved one suffers from the effects of unnecessary surgery negligence, you make a claim for medical negligence compensation.

Who is responsible for unnecessary surgery claims?

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:

  • The GP who made the initial diagnosis

  •  The A&E doctor who misreads your X-Ray or scan results

  • The hospital consultant who misreads your notes and orders surgery

  • The doctor who misreads your test results
  • The surgeon who does not double-check your notes before surgery
  • The surgeon who carries out the wrong site surgery
  • The doctor who does not inform you of the alternatives to surgery
Who is responsible for medical negligence

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.

100% Compensation

If your claim wins we will pay you 100% of the compensation with no deductions. You get 100% every penny with no deductions. New claims only with no previous solicitors.

No Win, No Fee

If your claim wins our costs are paid by the negligent party so you get paid 100% of the compensation recovered.

Our Expert Team

Our Dr Anthony Barton edits the leading book “Clinical Negligence”. Anthony and his wife Penelope (a GP) have a combined sixty years of medical and legal experience.

Surgical negligence

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.

Common Unnecessary Surgery Negligence claims

Failure to offer non-surgical procedures

Failure to offer non-surgical procedures is part of a patient suffering from the lack of informed consent by the surgical team. The surgeon must explain to the patient what the surgical procedure entails and if there are viable non-surgical alternatives. 

The surgeon may propose invasive heart surgery to a patient in the hospital. There may be an alternative, such as a regime of medication, dietary changes, and exercise. 

If the surgeon does not offer the alternative, they could be guilty of a Lack of Informed Consent leading to unnecessary surgery.

Unnecessary surgery is the medical negligence of not treating a patient with a professional level of service. 

Your No Win No Fee medical negligence solicitor can help you through the steps of making a possible claim for unnecessary surgical negligence.

Schedule Your Callback

If you have been a victim of any form of medical negligence? We specialise in pursuing damages against negligent healthcare providers. It’s free and easy to speak with one of our team of medical negligence professionals.

How to make a claim for Medical Negligence

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.

Seek medical advice on the injuries you have suffered or are suffering immediately you realise you experienced unnecessary surgery negligence. 

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered unnecessary surgery negligence. 

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

You are the one who suffered medical negligence, and you should get all the money due for the suffering.

Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid unnecessary surgery negligence claim. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the unnecessary surgery negligence in what is known as ‘sending a letter of claim.’ 

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion. 

The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms. 

If they admit liability, your unnecessary surgery negligence claim can be valued, and the two parties will meet to decide on your compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Issuing court proceedings is the next step if they deny liability in your unnecessary surgery negligence claim. 

Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered. Your medical negligence solicitor issues the court proceedings.  

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

We fight for our clients!

“Following open surgery in October 2022 I continued to have pain in my wound. It was discovered a piece of drain had been left inside me causing me pain and suffering and the need to have a further surgical procedure to remove it. In June 2023 Medical Negligence Team Law completed my claim and I got 100% compensation awarded. Thank you.”

Mrs B, Hertfordshire

“My pharmacy incorrectly gave me fast acting insulin causing problems with my blood sugars which made me very unwell for one month until the mistake was discovered. Medical Negligence Team Law quickly settled my claim and I received 100% of the compensation with no deductions.”

Mr G.W. , Lincolnshire

“Medical Negligence Team Law won my pharmacy negligence claim and I received 100% of the compensation recovered.”

Mr G.P. , South Yorkshire

“I needed surgery to remove an ovarian cyst. The NHS did the wrong operation first time round and they drained rather than remove the cyst. I then had to have a further operation to do the operation they should have done first time round with significant pain in between as the cyst came back. Medical Negligence Team quickly settled my claim. I received 100% of the compensation and was delighted with the service and communication throughout. They really are medical negligence experts”

Mrs T.S., South Yorkshire

“Our pharmacist gave my husband the incorrect medication and while on holiday and taking the medication my husband became seriously ill. We had to rush home from Spain as a result of this. Medical Negligence Team recovered the costs for our abandoned trip and compensation for the pain my husband endured while he was recovering. They were very friendly, responsive and we received 100% of the compensation with no deductions.”

Mrs A.P., Worksop

“I fractured my wrist and Barts Hospital Trust in London failed to arrange appropriate follow up in the fracture clinic and as a result my surgery was delayed. Medical Negligence Team Law obtained all my medical records and radiology and quickly settled my claim. I received 100% of the compensation recovered with no deductions”

Mrs C.M., London

“I required Tegretol medication for my underlying epilepsy and nocturnal seizure control but my pharmacy gave me something completely different by mistake. As a result after many years of having no seizures I had a number of seizures, a fall and needed time off work. The Medical Negligence Team got me the compensation I deserved including money for lost wages. They also paid 100% of the compensation to me with no deductions.”

Mr J.B., Kent

“Great service and communication from everyone at Medical Negligence Team Law throughout my claim. They handled my claim on a No Win No Fee basis and I received 100% of the compensation recovered.”

Miss A.W , Liverpool

“Your care and support was outstanding, making me feel supported and reassured and you kept in constant contact with any worries I had explained and swiftly responded to thank you, would recommend highly.”

Mr B.H., Brighton

“Medical Negligence Team Law quickly settled my claim. They were friendly and helpful throughout the whole process and above all I received 100% compensation recovered with no deductions.”

Mr S.B., Northamptonshire

“My late father had a fall in hospital breaking his hip which required surgery. The fall was due to a lack of supervision. Medical Negligence Team won our case and got us the compensation we deserved. We received 100% of the compensation recovered. Many thanks to all the team at Medical Negligence Team. Would definitely recommend them.”

Mr D.C., Nottingham

“My pharmacy issued me with quetiapine rather than venlafaxine which had a significant impact on my mental health. Andy, Anthony and the team at Medical Negligence Team were incredibly helpful and obtained compensation for the pain and suffering I endured as well as payment for loss of earnings. They paid all the compensation, 100%, to me. I would highly recommend them.”

Mrs S. R., Peterborough

“I am happy to accept the £3,000 compensation, I just want to thank you for helping me with this! Your service has been amazing!”

Miss M.P., West Yorkshire

“A leaking IV iron infusion caused permanent staining to my arm. I received £13,000 compensation,100% with no deductions. Would recommend Medical Negligence Team to anyone.”

Mrs R. R., South Yorkshire

“Medical Negligence Team Law quickly settled my medical negligence claim and I received 100% of the compensation recovered. I would highly recommend them.”

Miss P.R , North Yorkshire

How long do I have to make a claim for unnecessary surgery negligence?

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.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical records

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Can I make a claim on behalf of a loved one?

Yes, you can make a claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.

Unnecessary surgery negligence is a perfect example of claiming on behalf of a loved one. The surgery could take a loved one’s life or leave them unable to make a claim on their own behalf. They may also lack the mental capacity to decide on the surgery or of the alternatives to it.

Your loved one depends wholly on you and the family for care and to fight for their rights. By making a claim on their behalf for unnecessary surgery, you are fighting for the compensation they deserve.

A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for unnecessary surgery negligence.

Using a No Win No Fee solicitor

Using a No Win No Fee solicitor is the only way to a successful unnecessary surgery negligence compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees. 

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.

You are the one who suffered the unnecessary surgery negligence, and you deserve the compensation to get your life back to normal.

Using a No Win No Fee solicitor

Can I make a medical negligence claim against the NHS?

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.

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your unnecessary surgery negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim. 

We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases. 

Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered unnecessary surgery negligence and deserve every penny of the compensation claim.

 Contact us at the Medical Negligence Team for all your medical negligence needs.

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