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Can I Claim For An Unnecessary Operation?

Certainly this year, there has been a rise in medical negligence cases surrounding unnecessary operations being performed on patients in the UK.

The most prominent unnecessary operations case in the news earlier this year surrounded Breast care services in Solihull. A major investigation took place following allegations that Ian Stuart Paterson, a surgeon serving the NHS, unnecessarily performed more than 450 inappropriate breast operations.

Recently known victims of Ian Stuart Paterson were invited to meet with Sir Ian Kennedy at the St John’s Hotel on Warwick Road, Solihull on 13 March 2013 to discuss an ongoing review into NHS breast care services at the Solihull Hospital.

It is thought that the Heart of England NHS Trust has now reviewed the care plans of those patients who were thought to have been affected by Paterson’s disgraceful negligent manner.

These women are not the only victims of medical negligence by medical professionals. It is thought that over 2.5 million people are unnecessarily operated on each year causing damaging effects on on-going health. In extreme cases, unnecessary operations give rise to serious and fatal medical conditions. These implications may lead to: amputations, infections, inflammation of the operated area of the body and damage to internal organs.

What type of unnecessary operations can I claim for?

A patient can claim for an unnecessary operation due to medical negligence if the operation was performed with no medical value. A medical negligence claim can also be raised if consent was not given prior to the surgery. A surgeon will perform an operation for a medical concern, however if the procedure can be proved to be unnecessary a claim can be raised for a lack of care by the medical professional.


No matter how minor or serious is the consequence of a surgery; you should consult a medical negligence solicitor to find out whether you have the right the claim for medical negligence.

What are the most common operations performed unnecessarily?


If you have undergone an operation such as these and are concerned that the procedure was unnecessary or performed incorrectly – fill our free enquiry form for free initial legal advice.

How can I prove my operation was unnecessary?

Claiming against a medical professional or body can be challenging, therefore it is important that you gather as much evidence as possible to demonstrate that your surgeon acted in a negligent manner. Alongside this evidence, you must also be able to prove that the surgery was unnecessary. You need to collect facts and records to prove that your surgeon diverged from the standard level of care while performing your surgery. Some patients inform other surgeons of their situation to discover whether or not they would have performed the surgical procedure, this can show whether or not the surgeon in question was competent and if the surgery was the best treatment for you.

head injury claims

It is possible that both a surgeon and a hospital can be considered liable for conducting your unnecessary operation. To determine this liability, a patient will need to prove that negligence occurred. Patients can seek advice from an external medical expert who will review the surgical procedure and investigate the patients’ initial diagnosis and the treatment given.

After collating this information, the medical expert will be able to determine who should be held liable for the patient’s negligence.

How Carter and Carter Solicitors Can Help You

We have many years’ experience in dealing with medical negligence cases and we have been successful in winning unnecessary operations claims for our clients.

For more information on unnecessary operation claims and how we can help you visit: https://www.candcsolicitors.co.uk/medical-negligence-claim/unnecessary-operation-and-surgery-compensation-claim/

We understand that is can be a very distressing time as you will most likely be recovering from an operation and coming to terms with the idea that you may have been neglected by a surgeon you thought you could trust.

We understand your distress and we fully commit ourselves to helping you come to terms with what has happened. We will use our knowledge and expertise to help you decide whether or not claiming for unnecessary operations compensation is the right step for you.

Call us free on 0800 652 0586 to talk to one of our friendly solicitors.

For more information on unnecessary operation claims and other legal advice follow us on Twitter @CarterSolicitor.