Surgery is never pleasant, and several options should be considered before finalising that decision due to the risks involved.
Undergoing any major surgical procedure can result in many risks but being operated on unnecessarily can drastically impact your quality of life.
A doctor has a duty to inform patients of all possible treatment options so the patient can make a well-informed decision for themselves.
If you’ve had unnecessary surgery following a misdiagnosis and you suffered financial or physical injuries, you could be eligible to make a compensation claim.
What is an unnecessary surgery?
Unnecessary surgeries refer to any surgical intervention that is either not needed, not indicated, or not in the patient’s best interest when weighed against other available options. It is also when professional advice is the only option or the most effective treatment for your condition following an accident at work or a road traffic accident.
These situations mainly occur due to medical negligence, miscommunication, or misdiagnosis which can cause long-lasting injuries that may affect your day-to-day life. As a result, you could experience unnecessary pain, recuperation time, scarring, and your original condition may deteriorate and cause life-changing injuries.
The common scenarios include:
· Misdiagnosis which leads to the unnecessary or inappropriate surgery or mixing up medical records
· A medical professional carrying out an inappropriate procedure which may require further surgery at a later date
· Failing to obtain informed consent
· Failing to investigate non-surgical alternatives to surgery
· No diagnosis is made at all, so you receive no treatment, and your condition deteriorates
· Told you are terminally ill when you are not, resulting in psychological damage
· Misreading an X-ray or diagnosing a fracture that needs surgery when it is a sprain
It is usually the responsibility of the person who performed the surgery who may be to blame for surgery negligence; although, sometimes another medical professional such as GP may have referred patients for surgery they did not need.
What sort of injuries are sustained in unnecessary surgery?
Injuries suffered as a result of undergoing unnecessary surgery includes:
· Pain and discomfort
· Limb amputation
· Losing an internal organ
· Permanent disability
· Nerve damage
· Eye injuries
Can I make an unnecessary surgery compensation claim?
Specific criteria should be met to make a valid claim because you must be able to prove that the treatment or absence of treatment you received was because of the medical professional who acted in a negligent manner.
Anyone could make a clinical negligence claim if you had an operation that you didn’t require, and it has resulted in you sustaining an injury. This should prove that you suffered a negative impact that would not have otherwise happened had you received the right standard of care. For instance:
· The surgery may have caused a new injury
· You may have experienced an allergic reaction or developed an infection that could have been avoided
· The surgery worsened an existing injury
· The unnecessary surgery may have extended your recovery time leading to an extended period off work
Proving that the surgery was unnecessary makes for a successful claim. There may be more than one responsible party so the more relevant information you provide, the stronger the case for a positive outcome.
Along with proving that the surgery was not required, you should also try to obtain evidence for loss of wages as the result of taking time off work for the operation. This will help build your case and make for a smooth claims process.
What can you receive compensation for?
If the surgery is deemed to be unnecessary, you should contact a negligence solicitor who will be able to calculate your compensation. Worrying about complications or your condition following the surgery can be a distressing and physically enduring experience for anyone.
Personal injuries sustained by unnecessary surgery negligence gives you the right to enquire about medical negligence claims.
When claiming for compensation for your physical injury, you may also be able to recover other expenses you have incurred as a result. It is generally calculated by taking several factors into account including:
Your compensation award will be split into general damages and special damages:
· Loss of earnings if you required time off work or for any future earnings
· Travel costs to and from medical appointments including hospital car parking
· Care costs if you still need, or needed, care at home because you could not perform your usual daily activities
· Medical treatment costs including physiotherapy, alterations to your home or car, prescription costs or counselling
General Damages refer to the amount of compensation you will receive for your injury, i.e., your loss of amenity, suffering and pain. Each case is different, as are all accidents and, therefore, the value of your claim will be difficult to determine without knowing all the details.
The figure will be based on the type of injury sustained and the severity and impact the injury has had on your life, or the impact it may continue to have on your future.
Special damages refer to any additional financial losses you may have experienced as a direct result of the accident. Special Damages take into consideration:
· Loss of Earnings
· Parking and travel Costs
· Medication and treatment costs
You can get in touch with a specialist clinical negligence solicitor who can provide you with legal advice of what else you can include in your unnecessary surgery injuries claim.
How much is your unnecessary surgery compensation claim worth?
The amount of compensation you receive depends on the seriousness of the injury, any rehabilitation costs you may incur, as well as the effect it has on your ability to work in future.
There are compensation calculators available online that can predict how much your claim is worth, but you should discuss this with a solicitor.
Your initial consultation with our expert solicitors will not cost you because it is a chance to discuss the circumstances of the accidents you were involved in. From that conversation, we can decide whether you have reasonable chances of success, and you may be given some general guidance on the amount of compensation you could obtain.
However, it is impossible to provide an accurate figure at early stages, we work on a no win no fee basis to help you seek interim payments.
What is the time limit for making an unnecessary surgery compensation claim?
It is important to note that you have until three years from the date you discovered that you had unnecessary surgery to make an accident claim. However, a child will be able to claim up until their 21st birthday and there is no time limit for claiming on behalf of someone who does not have the mental capacity to do so.
How can Wildwood Legal help with unnecessary surgery compensation claims?
At Wildwood Legal, we know that the consequences of unnecessary surgery can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.
We see all too often the significant effect that medical negligence can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you receive.
Our core strength is in unnecessary surgery claims. We are experienced in helping you with any negligence claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
Our law firm is authorised and regulated by the Solicitors Regulation Authority therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.
Our ultimate aim is to obtain a great outcome for your case and for you to feel able to recommend us to others at the end of your claim.
We value the opinion of our clients, and we will always listen to you and take on board what you say.
If you’ve suffered as a result of medical negligence, get in touch with us and we can help you start your claim– we’re only a phone call away. To make an enquiry, get in contact with us either email us email@example.com or please call us 01423 209 046.
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