Unnecessary Surgery Claims

When It’s Medical Negligence and What You Need to Do Next

With experience in unnecessary patient claims, our team can help patients who have undergone a surgical procedure which was inappropriate or avoidable. Finding out after an operation that the surgery may not have been necessary is distressing for any patient.

However, it is important to know the difference between surgery which turned out to be ineffective but was reasonable at the time and operations which should never have happened in the first place.

If you or a loved one have been affected by unnecessary surgery, you may want to find out more about pursuing a medical negligence claim. Our team at Jefferies Claims can guide you through the claims process and what to do next.

We partner with lawyers who are highly experienced in medical negligence and who offer a ‘No Win, No Fee’ agreement. This means you will only pay fees if you win your case.

What Is Unnecessary Surgery?

Unnecessary surgery refers to any surgical procedure that is not medically required, not based on sound clinical judgment, or carried out without exhausting less invasive treatment options. These procedures may offer little to no benefit and sometimes even cause further complications or long-term harm.

If you have undergone surgery that should never have been done, you may be entitled to file a medical negligence claim for compensation.

When Does Unnecessary Surgery Become Medical Negligence?

To prove medical negligence, you must demonstrate that:

1. A Duty of Care Existed: The healthcare provider owed you a legal duty of care.
2. The Duty Was Breached: The treatment you received fell below the standard expected of a competent medical professional.
3. The Breach Caused Harm: You suffered injury, worsening of condition, or unnecessary suffering as a direct result.

Unnecessary surgery becomes negligent when:

• The operation was not clinically justified.
• There was a failure to discuss or offer less invasive alternatives.
• Informed consent was not properly obtained.
• The procedure was performed on the wrong body part.
• A misdiagnosis led to surgery that wasn’t needed.

Examples of Unnecessary Surgery

Certain procedures are more prone to being performed unnecessarily. This may be either due to outdated practices, misdiagnoses, or inadequate clinical assessment. Common examples may include:

1. Spinal Surgery

Back pain is frequently treated with surgery such as spinal fusion or laminectomy. But many cases could be effectively managed with physiotherapy, medication, or lifestyle changes. Performing spinal surgery without exhausting these options may be negligent.

2. Hysterectomy

Women with non-cancerous conditions like fibroids or endometriosis are sometimes offered hysterectomies as a first-line treatment. In some instances, less invasive methods like hormone therapy could have been considered first.

3. Tonsillectomy

Tonsil removal is a common procedure, especially in children. However, guidelines for when it is necessary have become stricter and performing the surgery without clear indications may lead to complications and regret.

4. Orthopaedic Procedures

Surgeries like arthroscopies, joint replacements, or carpal tunnel release are often performed when conservative treatments (e.g., physical therapy) might be effective. Some may be later deemed avoidable or prematurely recommended.

5. Heart Procedures

Stents or angioplasty are occasionally used in patients with stable coronary artery disease despite evidence suggesting medication and lifestyle change would suffice. Unnecessary cardiac interventions carry significant risks.

Real-World Impact of Unnecessary Surgery

Patients who undergo unnecessary procedures face a range of possible consequences, such as:

• Post-operative infections
• Chronic pain
• Scarring or disfigurement
• Reduced mobility
• Psychological trauma
• Loss of income due to extended recovery time
• The need for revision surgeries

Not only do these outcomes affect your quality of life, but they also often require further treatment. This only serves to compound the damage caused by the original, avoidable operation.

How to Prove Unnecessary Surgery Was Medical Negligence

To file a medical negligence claim, you will need strong evidence. Here’s how to start gathering your evidence:

1. Request Your Medical Records

Start by obtaining a complete copy of your medical history, including GP and hospital notes, scan results, referral letters, and surgical consent forms.

2. Speak to a Specialist Medical Negligence Solicitor

We work with lawyers who are experienced in medical negligence and who will assess whether your claim has merit. They offer a ‘No Win, No Fee’ service, as well as a free initial consultation. No Win, No Fee means you will only pay fees if you win your case, so there are no upfront costs.

Additionally, they can arrange for an independent medical expert to review your case and offer an opinion on whether the surgery was justified.

3. Obtain Expert Medical Evidence

Expert witnesses play a key role in negligence claims. They assess whether a competent doctor in the same field would have made the same decision under similar circumstances.

How Much Compensation Can You Expect?

Compensation may include:

• General damages (pain, suffering, loss of amenity)
• Special damages (loss of earnings, travel, medical expenses)
• Future care costs

As each case is unique, your personal injury solicitor will be able to provide you with an estimate of potential compensation for your specific claim.

Time Limits for Filing a Medical Negligence Claim

Legally, you generally have three years from the date of injury or the date you became aware of the negligence, to bring a claim. Exceptions exist for:

• Children: The clock starts on their 18th birthday, giving them until they turn 21.
• Mental Incapacity: No time limit applies while the individual lacks mental capacity.

Acting early is crucial, as building a case takes time and evidence can be lost.

Take The Next Step to Start Your Claim

Jefferies Claims can guide you through the process of how to claim compensation. We work with highly experienced lawyers in this field who operate on a ‘No Win, No Fee’ basis.

We will give you the support and understanding you need at this difficult time. Call us at 0333 358 3034 for a free, no-obligation chat or visit Jefferies Claims Contact Us Page

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.