Unnecessary Surgery Claims

Can I sue for unnecessary surgery?

Undergoing any kind of surgery can have a significant impact on your life – both physically and emotionally – which is why it’s so important that surgery is only carried out when absolutely necessary. But unfortunately, this isn’t always the case.

If you were operated on unnecessarily due to a medical professional’s negligence, you could have grounds to make a claim. This could apply if:

• A misdiagnosis led to an unsuitable surgery being performed
• Your doctor failed to investigate alternative non-surgical treatments
• You were not able to give informed consent before the surgery

These are just a few examples of how negligence can lead to unnecessary procedures. So you shouldn’t be put off making a claim if the scenarios listed above don’t apply to you.

We offer a free initial consultation where we’ll listen to the details of your situation and let you know if you have a strong claim. So you’ll have nothing to lose by getting in touch.

Why should I make an unnecessary surgery claim?

Surgery will often represent hope for people who are living with pain or a chronic illness. So it can be devastating when things don’t go to plan.

Most surgeries go ahead without any problems. But if you’re referred for a procedure that is unnecessary or unsuitable for your condition, you could find yourself dealing with issues such as:

• An extended recovery time
• An allergic reaction or infection picked up during surgery
• Existing injuries being worsened

Making a claim won’t undo the negligence you suffered. But compensation could help you to deal with the financial impact. For instance, if you’ve had to take time off work to recover, your settlement will take into account any lost earnings.

Your solicitor may also be able to apply for interim payments which will be paid out to you before the claim is settled. So you’ll have the reassurance of knowing you can cover any immediate expenses like household bills or medical costs.

How can First4Lawyers help?

We work with solicitors who are experienced in handling surgical negligence claims. They will work on your behalf to build a case and gather evidence, so that you can get the best outcome possible.

If your surgery was performed by the NHS, our solicitors may also be able to help you submit a formal complaint through NHS Resolution. Many people find this process to be reassuring as it helps to ensure that mistakes are not repeated.

For these types of claims, we work on a No Win No Fee basis. So there will be nothing to pay upfront and no legal fees to cover if your case is unsuccessful.

Unnecessary surgery claim FAQs

Is there a time limit for unnecessary surgery claims?

In most cases of surgical negligence, you’ll have three years to make a claim. This might sound like a long time, but we would always suggest speaking to a legal expert early – even if it’s just to find out where you stand.

There are some exceptions to the time limits, though. For example, you’ll be able to claim on behalf of a child up until their 18th birthday. After that, they’ll have until they are 21 to bring a claim themselves.

Meanwhile, if you’re claiming on behalf of someone who lacks the mental capacity to make a claim, you won’t face any time limits.

How much compensation could I get for an unnecessary surgery?

Your situation is unique to you, which means that it is difficult to say exactly how much you’ll be entitled to in compensation without a consultation.

But if your case is successful, any settlement you receive will likely be awarded in two parts: general damages and special damages.

General damages reflect the pain and suffering you have experienced as a result of the unnecessary surgery you underwent. Special damages cover any impact the negligence has had on your life, including a loss of earnings or any care you will require.

I think I have an unnecessary surgery claim – what do I do?

If you think you’ve had an unnecessary surgery, you may be entitled to make a claim for compensation. This could help you pay for any treatment you need after your operation, or the cost of transport to and from hospital appointments.

Of course, your wellbeing comes first. So we’d always recommend getting the medical attention you need before doing anything else. But after this, you might consider getting in touch with our claims team.

We’ll speak to you about what happened and answer any questions you may have about the claims process. If we think we’re able to help, we’ll ask if you’d like to be put in touch with one of our dedicated solicitors.

This decision will be completely up to you. And we’ll never pressure you either way.

To find out more about our services, give us a call on the number at the top of the screen or request a callback. We also have a quick and easy online claims form if you’d prefer to contact us in this way.

However you get in touch, we’re here to help.