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Unnecessary Surgery Claims
Undergoing a surgical procedure can cause stress to the body, financial strain, and sometimes lead to a long road to recovery. If your surgical procedure was not medically necessary or justified, you could be entitled to unnecessary surgery compensation for medical negligence.
An unnecessary surgical procedure occurs when a healthcare provider performs surgery that wasn’t required, on the wrong body part, or because of a misdiagnosis. This could mean the healthcare provider was medically negligent, and a claim could be made.
An unnecessary surgery risks and disrupts lives, causing undue emotional, physical, and financial harm to the patient and their loved ones. In this case, you may have grounds to claim compensation for surgery that was unnecessary.
If you think you or a loved one has been a victim of medical negligence that led to an unnecessary surgical procedure, please contact us, and we’ll do all we can to help.
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Unnecessary surgery due to medical negligence is a surgical procedure that was not medically necessary or justified.
This can happen when a healthcare provider's action falls below their duty of care — medical negligence. A medically negligent, unnecessary surgical procedure is defined as a procedure:
Not medically needed to treat the patient's condition, or there is no clear benefit
Performed on the back of a misdiagnosis
Performed on the wrong body part
Performed on the wrong patient
That could have been avoided with a less invasive treatment
In other words, a surgical procedure that was not required and wouldn’t have happened if proper medical care had been provided.
If you think you might have had an unnecessary surgery because of medical negligence,get in touch with us today, because you may have a claim.
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In the UK, you generally have three years to make your claim, which is why you need to proceed as soon as you can.
The three years will start from the date of the unnecessary surgery, or it can be three years from the date you became aware that you received unnecessary surgery, which resulted in further harm.
There are exceptions to this rule, though. For example, if the claimant lacks mental capacity, there tends to be no time limit. A child has three years from their 18th birthday to bring a claim themselves, meaning the limit extends to their 21st birthday.
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The amount you're likely to receive when you make your claim varies enormously, depending on your individual circumstances.
Every unnecessary surgery case is different, so the final payout will be based on the severity of your situation. The amount tends to be higher the more invasive the surgery was, and the more severe the injuries or illnesses sustained.
The type of unnecessary surgical procedure, medical expenses, loss of earnings, impact on your life, and future requirements for rehabilitation, treatment, therapy, and care will also make a difference to your final payout.
The compensation is awarded to put the claimant back in the position they would have been in had the negligence never occurred. It's not to punish the healthcare provider.
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Yes! Our lawyers work on a no-win, no-fee basis, so there is no risk to you or your family's finances when you make a claim.
Get in touch with us to
talk about your situation
More Surgery Claims We Can Help With
Surgical procedures are performed for many reasons and are usually necessary for the patient's life. However, sometimes procedures are unnecessarily performed due to the medical negligence of a healthcare provider.
This is rare, and in medical settings, it is called a “Never Event”, meaning it iswholly preventable. But that doesn’t mean it doesn’t happen.
If one of the following scenarios happened to you as a result of a healthcare provider's medical negligence, you may be able to claim compensation for surgery that was unnecessary:
You had a procedure that wasn’t medically needed: If your healthcare provider performed surgery that wasn't medically necessary or justified, and lacked a clear benefit to you as the patient.
Your surgery was performed because of a misdiagnosis: If you received surgery for an injury or illness you did not have.
You had a surgical procedure on the wrong body part (also known as wrong site surgery): If your healthcare provider performed surgery intended for a different part of your body.
You had a surgical procedure meant for someone else: If your healthcare provider performed a procedure on the wrong person.
You were not informed of less-invasive alternatives: If your healthcare provider failed to tell you about possible less-invasive procedures as appropriate alternatives.
When You May Be Able to Claim
Every unnecessary surgery case is unique, and you might still have a claim if your situation is not listed above.
To help you understand whether you can make a claim, please contact our team of expert surgical error specialist lawyers, who can guide you on what to do next.
There is a three-year time limit on making a compensation claim for unnecessary surgery. As soon as you’re aware that medical negligence has taken place, which resulted in an unnecessary surgical procedure, it's important to speak to one of our specialist solicitors.
Calculating the three-year time limit can be complex. If you are unsure, please contact one of our team for some free, no obligation initial advice.
We understand the stress you or a loved one is currently experiencing, which is why our team will do all they can to help you achieve a positive outcome.
Contact our surgical negligence solicitors today for a chat and to arrange your free consultation.
Making an unnecessary surgery claim can be overwhelming, but our team of professional lawyers are here to help you navigate through this confusing time.
Get in touch with us today to talk through the details of your circumstances in a free initial consultation with one of our friendly lawyers. They'll also answer any immediate questions you may have about the process.
How we can help
Three year claim limit
We know you're going through a difficult time, which is why our lawyers here at Nash & Co Solicitors in Plymouth are here to help you through.
Our team of experts in medical negligence will take great care when handling your case. Not only are they excellent lawyers, they're sensitive to your situation, too, and they'll do all they can to help you achieve your desired outcome.
We recognise that no two situations are the same, and we will offer personalised support for your individual case.
Why choose us to help you?
Client-first approach
Our client-first approach ensures you're comfortable with each step of the process. We'll never use complicated legal jargon that leaves you confused. Instead, we'll help you understand all the details clearly and concisely.
We're also committed to regular communication, so you're never left wondering what the next step is.
Our team of specialist lawyers work on a no-win, no-fee basis, meaning there is absolutely no financial risk to you or your family.
We won't ask you to make any upfront costs, and you won't have to pay a penny out of your own pocket. We may even be able to get you some interim payments to help pay for medical treatments and recovery.
In your free consultation, we can explain how your claim will be funded in more detail.
To find out whether you can make an unnecessary surgery claim, please call us on 01752 827085.
You'll get to speak to one of our lawyers right away, and we can answer some of your questions there and then. We can also talk about booking you in for your free consultation.
Additional support
Unnecessary Surgery Claims FAQs
Below, we have addressed the most commonly asked questions about unnecessary surgery compensation and claims.
If you have any other questions that aren't answered here, don't hesitate to contact us.
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Yes, it's possible to claim for someone else who is unable to do so themselves. The most common examples are:
Claiming for a child: Children can't legally claim themselves until they reach 18, so a parent or legal guardian can do this for them. If a settlement is not reached sooner, the child has until their 21st birthday to claim.
Claiming on behalf of someone with limited mental capacity: A loved one can make a claim on their behalf, and there is usually no time limit in these cases.
Claiming on behalf of a deceased relative: If your loved one has died as a result of medical negligence by a healthcare provider, you can pursue a claim for them. Alternatively, if your loved one subsequently dies as a result of other causes, it may be possible to make a claim on behalf of their Estate for the lifetime effects of the medical negligence.
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When you decide to make an unnecessary claim, our first step is to listen carefully to your experience and gather the details of what happened.
We’ll then review your medical records and seek expert opinions to determine whether the care you received fell below expected standards.
If we believe you have a strong case, we’ll guide you through the claims process.
In many cases, claims are settled without the need to go to court. If your case does proceed further, we’ll represent you at every stage. Throughout the process, our aim is to make things as straightforward as possible, keeping you informed and supporting you from start to finish.
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Because of the varying circumstances that are specific to you, there is no fixed average payout for an unnecessary surgery claim. Each payout is based on the severity of the claim.
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If you think you might have an unnecessary claim, but are not completely sure, you can get in touch with our lawyers today. They'll be able to advise you on whether or not you can make a claim.
A person can usually make a claim if they can prove they received unnecessary surgery due to a healthcare provider's medical negligence.
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You will need to prove that your unnecessary surgery was performed as a result of medical negligence by a healthcare provider.
Our lawyers will discuss with you the exact documents you'll need for your case, but you'll usually need your medical records, proof of financial loss due to not being able to work, witness statements, and more.
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Every unnecessary surgery claim is different, so there is no set time frame from claim to settlement. Complex claims can take years, while simpler claims where liability is accepted quickly can be settled faster — time frames are on a case-by-case basis.
Once your lawyer understands more about your case, they may be able to guide you on a rough time frame, and they will be sure to update you throughout the process.
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Unfortunately, healthcare providers can make mistakes that lead to unnecessary surgical procedures on patients that could have been treated differently. Below is a list of some procedures that can be unnecessary.
Please note that if you have received any of the following procedures, it does not automatically mean it was performed unnecessarily. Please get in touch with our team, and we’ll be happy to advise you.
Gallbladder removal
C-section
Pacemaker
Hysterectomy
Cancer-related surgeries
This list does not include all surgical procedures that can be performed unnecessarily. Please get in touch if you think you’ve received unnecessary surgery to discuss your situation.
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Unnecessary surgery can have a huge impact on patients who undergo the procedure. From trauma to the body to painful recovery, emotional toll, and financial strain, aside from the surgery that wasn’t required, patients can also:
Experience new injuries due to the surgery
Present with surgery-related infections
Experience discomfort and pain
Suffer from internal bleeding
Unfortunately, die. In some cases, unnecessary surgery can be fatal
This list doesn’t cover everything, and if you experienced other implications after your unnecessary surgery, please contact our team to discuss your individual situation.
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In the UK, NHS England defines Never Events as “patient safety incidents that are wholly preventable where guidance or safety recommendations that provide strong systemic protective barriers are available at a national level and have been implemented by healthcare providers.”
In other words, these are serious patient safety failures that should never happen within NHS care if correct protocols are followed.
Because these incidents are officially recognised by the NHS as avoidable, they can form strong evidence in medical negligence claims, particularly where unnecessary surgery has caused harm.
Just because they are called “Never Events” does not mean they don’t happen.
Please contact our specialist lawyers today if you believe you have been a victim of a Never Event, like unnecessary surgery.
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Yes, you can sue the NHS if your unnecessary surgery was performed as a result of medical negligence by an NHS trust.
You can do this through our team of expert lawyers here at Nash & Co Solicitors. For more information on how you can make a claim, contact us today, and we'll do what we can to help.
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We completely understand if you feel this way, given the problems the NHS is facing in our current climate.
However, a body called NHS Resolution handles claims against the health authority. The government set up this organisation to handle compensation claims.
NHS Resolution is an arm’s-length body of the Department of Health & Social Care and essentially acts as an insurance provider for NHS Trusts and GPs. Every year, each Trust will pay an amount to NHS Resolution, just like you do for car or home insurance.
When a successful claim is made, NHS Resolution makes the compensation payout on behalf of the Trust or GP concerned. This means your claim won’t take money away from other patients being treated by that Trust or GP.
If you have any more questions, please don't hesitate to contact us.
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We know this is a difficult time for families, which is why our team of expert lawyers is here to help and support you from your initial enquiry to the end of your case.
Not only are they exceptional lawyers, but they're also extremely sensitive to your situation, helping you through this next stage with personalised support, excellent communication, and all the details you need to feel comfortable during these next steps.
If you think you have a claim and would like to discuss it with a professional, get in touch with our team today.
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If you don’t think you’re getting the level of service or satisfactory advice from your current solicitor, we’d be happy to discuss switching your case to Nash & Co Solicitors. Just call our team on 01752 827085 or contact us online.
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We are transparent about costs
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Rest assured, whatever medical negligence issue you're facing, we'll do our best to help you.
Give us a ring or fill in our form below to speak to a member of our team today, and get the answers you need to make your claim.
If your enquiry is urgent then please call us on 01752 827085.