Unnecessary Surgery Claim Solicitors
Every day, thousands of surgeries are performed across the UK. The goal of each surgery is to help a patient with whatever condition or situation they may be facing.
But sometimes, surgeries are carried out that the patient did not actually need.
This can lead to the patient going through unnecessary stress, pain, scarring, financial difficulty, recuperation time and psychological trauma – all while the original condition is left untreated and perhaps even worsening.
In extreme cases of unnecessary surgery, doctors may perform serious surgeries that are not necessary, such as brain surgery, spinal surgery or amputations, which could lead to complications that alter a patient’s life forever.
Doctors, surgeons and other healthcare professionals have a duty of care to their patients, and every patient deserves only the best possible care.
Whenever a patient experiences harm that could have otherwise been avoided, had their healthcare team acted, monitored and reacted appropriately (this includes before, during and after a surgery), then this is an example of negligent care.
If you, or someone close to you, have experienced something similar, then this could be a case of surgical negligence and you could have a claim for compensation.
Why choose us?
At SDS Solicitors, we understand how traumatic it can be when you or someone close to you is affected by unnecessary surgery.
That’s why, as a Manchester-based specialist medical negligence, accident, and personal injury law firm, we help people from all over England and Wales determine if they could make a claim for compensation for surgical negligence. And we’ve been doing it since 1997.
From learning whether you could have a claim, to discussing your case, to helping you through the process of making a claim – at SDS, we’re right there with you through it all.
If you want to learn more about whether you could have a claim, call us for free or complete the online contact form and a member of our expert team will get back to you.
What are the main types of surgery negligence?
Unnecessary surgery is a severe form of negligence, and while it can impact patients in different ways, the most common types of unnecessary surgery that may be performed as a result of surgical negligence include:
- Surgery performed in the wrong area of the body
- Surgery performed on the wrong person
- Surgery performed where another, less-invasive procedure may have been more appropriate
- Surgery performed with an insufficient or an exorbitant amount of anaesthesia
If you have undergone unnecessary surgery, then you could have a claim for compensation.
To learn whether you could have a claim, to demystify the process of making a claim or to learn more about what you could be entitled to, get in touch with us today.
What is a ‘never event’?
In the medical field, a ‘never event’ is an event that should never happen and is completely preventable.
For every surgery, illness or treatment plan, the NHS have procedures in place that should prevent never events from happening.
Despite their name, never events can and do happen, albeit rarely. The impact that these events can have on a patient’s life, and on the lives of the patient’s loved ones, can be devastating.
Some examples of unnecessary surgery that would also be considered never events include:
- A surgeon removing the wrong body part, or removing a body part unnecessarily
- A surgery that is performed on the wrong patient
- The wrong surgery being performed on a patient
- An organ transplant being performed on the wrong person
While these can be caused by a variety of different factors, one thing ties all of these never events together: they are examples of medical negligence.
No patient deserves to suffer through such incompetent levels of care. If you, or someone you love, have experienced something similar, then you could have a claim.
To find out for sure, get in touch with us through the number at the top of this page or fill out our contact form and a member of our expert team will get in touch.
What are some examples of unnecessary surgery negligence?
In some cases, unnecessary surgery is, despite being unnecessary, not the fault of improper care, particularly where rare and extenuating circumstances outside of the healthcare team’s control prevented them from acting appropriately.
However, when unnecessary surgery occurs because the healthcare team acted irresponsibly, the surgery is then considered to be an example of medical negligence.
While there are many kinds of unnecessary surgery, those listed here are some of the most common.
If a patient’s condition is misdiagnosed as another condition, then the patient may have to undergo treatment for the wrong condition.
When a patient receives the wrong treatment, they may suffer complications from surgery and their underlying condition could worsen during this time. Afterwards, they will still need to undergo further treatment to treat their actual condition.
However, misdiagnosis is not always an example of negligence in cases where the doctor acted appropriately. Determining whether the medical professional acted responsibly given the information at their disposal, or not, can be essential in cases where this is unclear.
Typically, the court will use the Bolam test, where they ask a group of medical professionals whether the doctor acted appropriately or negligently in misdiagnosing the patient.
One example of how misdiagnosis can impact a patient’s life occurs as a result of doctors misreading a patient’s X-ray. If a patient has suffered a sprain which healthcare professionals misinterpret as a fracture, then they may carry out an unnecessary surgery to treat the patient, resulting in needless trauma for the patient.
Incorrect terminal diagnosis
Being diagnosed with a terminal illness is life changing. In some rare cases, a patient may be misdiagnosed with a terminal illness, causing psychological damage to the patient and the patient’s family.
If you, or someone you love, were misdiagnosed with a terminal illness, causing extreme emotional turmoil and perhaps even exacerbating the underlying condition due to lack of correct treatment, then this could be a case of surgical negligence.
Surgery as a first resort
Surgery can be incredibly invasive and comes with many risks.
While some health conditions require it, a doctor’s priority after correctly diagnosing a patient should be exploring whether non-surgical alternatives (which are typically less invasive and carry less associated risks) could be more appropriate.
However, if a doctor bypasses other, more appropriate methods of treatment and carries out surgery unnecessarily, then this could be an example of medical negligence.
If this sounds familiar, and you or a loved one have gone through something similar, then you could have a claim for compensation. To find out for sure, get in touch with us today for free expert legal advice.
Lack of diagnosis
Misdiagnosis can cause extreme trauma to a patient, but a lack of diagnosis can also have a detrimental effect on a patient’s life and wellbeing.
When a patient’s condition goes undiagnosed despite their doctor being aware of some of their symptoms, then the patient cannot receive treatment for their illness and their illness may deteriorate. Failure to properly examine patients for diagnosis purposes could be an example of negligent care.
Lack of consent
In emergency situations, there may not be enough time for medical professionals to inform the patient of the potential complications that can arise with their surgery before it begins, or for them to gain the patient’s written consent to the procedure. Typically, the patient’s next of kin will be given this responsibility on the patient’s behalf.
Most of the time however, the patient should be completely informed about the procedure before it happens.
Without being fully aware of all risks associated with a surgery, the patient is unable to consent. For example, even if a patient signs their consent form, if they were not made aware of all of the risks, or were otherwise not in their right mind, then their signature does not count as consent.
Prior to a surgery, doctors and patients must both have an open, honest dialogue about the procedure.
Unnecessary surgery is where a surgery is carried out despite not being required. In this sense, lack of proper consent prior to a surgery means that the surgery is considered unnecessary and negligent.
If you, or someone close to you, has undergone surgery without giving full consent, this could be a case of surgical negligence and you may have a claim.
How do I make a claim for unnecessary surgery negligence?
While there are many different types of unnecessary surgery, they all have one thing in common: they cause unnecessary harm to the patient’s physical, mental, and financial wellbeing.
When a patient undergoes unnecessary surgery, they are often left with physical damage and will still require treatment, surgical or otherwise, to deal with their original condition properly.
Unnecessary surgery causes untold amounts of stress on a patient’s life and those affected can suffer extended loss of earnings as they need to take more time off work than they would otherwise have needed to. If you, or someone close to have, have suffered through unnecessary surgery, then you could have a claim for compensation.
While nothing can take away from the pain and suffering that you have gone through, a successful claim can dramatically improve the lives of those affected by unnecessary surgery negligence by relieving some of the financial burden.
By seeking the best, expert legal advice, you can demystify the process and understand exactly what your next steps are.
To discover if you could have a claim, to learn more about your next steps or for other enquiries, get in touch with us today.
We are a leading specialist medical negligence, accident at work and personal injury law firm acting for claimants nationwide.
Our expert medical negligence solicitors regularly act for clients across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham and Whitefield.
Our team of recognised Surgery Negligence Claims Solicitors can support your needs wherever you live in Wales, England & Northern Ireland.
Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.