I believe I have had unnecessary surgery as I have found out that my bowel problem could have been treated with drugs rather than a proctocolectomy. Can I claim unnecessary surgery compensation?
Compensation for unnecessary surgery can be awarded if it can be proven that on the balance of probabilities your condition could have been treated with medication which was available to a doctor through the NHS, and that the drugs were a recommended treatment for your condition.
Many thousands of surgical procedures are performed each year which have no net benefits to patients, with their conditions remaining the same after surgery. Just because a surgical procedure has not improved your condition, it does not necessarily mean that it is possible to claim compensation. Only if you have suffered health problems as a result of surgery which was not necessary or relevant for your condition, and the doctor is deemed to have been negligent by recommending surgery, is it possible to claim unnecessary .
Before a decision is made about a surgical procedure, a doctor should have performed a thorough examination, explored your case history and discussed the various treatment options with you. Your condition should also have called for a specialist doctor to be consulted to confirm that surgery was in fact the best course of action under the circumstances. Failure to fully explore non-invasive treatments can be considered as medical negligence. However if all reasonable medical treatments had been tried previously without success, or if the conditions at the time that surgery was recommended dictated that it was the best course of action, it may not be possible to claim unnecessary surgery compensation.
As part of a compensation claim for unnecessary surgery, a medical negligence solicitor will investigate your case, access your medical records and arrange for a panel of expert doctors in the field to review your case. If non-invasive treatments were available, and these would have been chosen by a component doctor under the same circumstances, there is a high probability that you are entitled to claim unnecessary surgery compensation. Any pain and suffering caused, together with any loss of amenity such as enforced dietary changes, can form part of any unnecessary surgery compensation claim.
You should consult an experienced medical negligence solicitor for advice, and allow them to review your case and assess your eligibility to claim unnecessary surgery compensation.