Claim for Unnecessary Surgery
I recently underwent an operation which I late found out I didn’t need, how likely is a claim for unnecessary surgery to succeed and what can I claim for?
The likelihood of a claim for unnecessary surgery being successful is going to be dependent on the particular circumstances of your surgery, whether or not an injury, loss or deterioration of an existing condition occurred as a result and if medical negligence can be established. It will also have to be proven that the surgery you underwent was in fact unnecessary, and that whatever condition it was supposed to be treating could have been treated by other means such as medication available on the NHS. Even if it seems as if there was a clear demonstration of negligence by the doctor who considered this surgery necessary, a claim for surgery that was unnecessary will only be successful if you have experienced health problems as a result.
It is in your best interest to contact a personal injury claims solicitor with knowledge of dealing with injury from unnecessary surgery compensation claims at the first possible moment. They will be able to assess your claim and inform you of whether or not you have a considerable chance of success based on a number of factors. He or she will contact any of the medical professionals involved in determining that surgery was necessary and obtain relevant medical notes. Your solicitor will then show this documentation to an independent medical expert who will conclude whether or not another competent doctor who was treating you would have decided against surgery. Based on this medical expert’s findings, your solicitor may offer to represent you in your claim for unnecessary surgery.
Numerous elements will be taken into consideration when your final settlement for injury from unnecessary surgery compensation is being calculated. First of all, the Judicial College Guidelines for the Assessment of General Damages will be consulted. This is a publication that lists a variety of injury types and assigns them a value based on their severity and permanency. Your age, sex, general state of health prior to surgery that was unnecessary, the pain and suffering you have endured and the impact it has had on your quality of life as a result. You should retain any evidence you can that will serve as proof for the detrimental affect any injury you have sustained has had on your life. For instance, as part of Special Damages you can be compensated for any financial impact that it has had on your life. You should therefore keep any medical receipts and documentation for things like alternative transport, or even household renovations if it has been required.
Such evidence will serve to strengthen your claim and will ensure that you obtain the maximum amount of compensation that you are entitled to. Your solicitor will be able to explain all possible ways of strengthening your claim for unnecessary surgery when you consult with them about your likelihood for success.