Claiming Compensation After Receiving Unnecessary Medical Treatment

By Stephen Parker. Last Updated 12th January 2023. This article will explain unnecessary medical treatment and how this can come about as the result of medical negligence. We will also look at the potential compensation you could receive for a medical negligence claim and how unnecessary treatment can occur. 

Unnecessary medical treatment

Unnecessary medical treatment claims guide

If you have been subject to sub-standard care due to medical negligence, you can file a medical negligence claim and may receive compensation. However, you will need to demonstrate that the substandard level of care led to you experiencing harm. 

Unnecessary procedures or medication can have a negative effect on your health. You can potentially claim compensation for both physical and mental injuries that you sustain as a result. 

Contact our advisors today if you have any questions about claiming compensation for harm caused by unnecessary medical treatment. You can:

  • Call us on the number above
  • Use the live chat feature on the bottom right of the screen
  • Fill out our online form

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What Is Unnecessary Medical Treatment?

Unnecessary medical treatment consists of any medical treatments or procedures you did not require. For example, you might undergo an operation that you did not need, or be given a course of drugs that is not necessary and that harms your health. 

All medical professionals must provide a minimum standard of care to their patients as outlined by the governing bodies.  This is their duty of care. 

Not all instances of unnecessary treatment will be grounds for a claim. In some cases, the healthcare provider in question might meet the standard of care that is expected but still give you unnecessary treatment. For example, you might be showing all of the signs of appendicitis, meaning that an emergency operation is performed. If this was not due to negligence, you would not be able to claim even though the operation was not needed.

As we’ve already mentioned, you must have experienced harm as a result of the negligence in order to claim. If you were given a course of medication that you did not need but was not harmful to your health, then you would not be able to claim.

Contact our advisors today for free legal advice about medical negligence claims. 

Unnecessary Medical Treatment Statistics

According to the NHS Resolution Annual report and accounts 2020/21, payments across all indemnity schemes for 2020/21 are valued at £2,209 million for clinical negligence.

Clinical negligence claims increased from 11,678 in 2019/20 to 12,629 in 2020/21, an increase of 951 claims representing roughly 7.5%. 

Examples Of Medical Negligence Payouts In The UK

Medical negligence compensation in a successful claim may consist of general and special damages. Compensation for general damages is provided to compensate for any physical and psychological harm you have suffered as a direct result of clinical negligence.

Payouts in the UK for medical negligence vary from case to case. To provide some insight into potential payouts, you can view the compensation brackets in the table below. The brackets are taken from the Judicial College Guidelines (JCG). A solicitor may use the JCG for guidance when determining the value of your own injuries.

Moderate Brain Damage (ii)£90,720 to £150,110Moderate to modest intellect deficit. Work ability reduced or non-existent. Risks of epilepsy.
Bladder (b)Up to £140,660Complete function and control lost.
Total Deafness £90,750 to £109,650Awards at the lower end of the bracket will involve no speech deficit or tinnitus.
Asbestos-Related Disease (b)£70,030 to £97,330Lung cancer causing severe pain and impairing both function and quality of life.
Bowels (c)In the region of £79,920Faecal urgency and incontinence post-surgery leading to embarrassment and distress.
Digestive System (i)£43,010 to £61,910Severe toxicosis resulting in pain, diarrhoea and vomiting.
Moderately Severe Post-Traumatic Stress Disorder£23,150 to £59,860Better prognosis for recovery with professional help. Notable future disability.
Total Loss of Sight In One Eye (e)£49,270 to £54,830Award level dependent on the risk of sympathetic ophthalmia.
Hernia (b)£7,010 to £9,110Inguinal hernia (no pre-existing weakness) with risks of recurrence post-repair.
Mental Anguish£4,670Fear of impending death.

In addition to compensation for general damages, you may be eligible for special damages when claiming for medical negligence. Special damages refer to financial costs incurred as a direct result of the harm you’ve suffered. Examples could include:

  • Loss of income as well as future earnings
  • Costs of travel to and from medical appointments
  • Costs of care required

If you have any questions about what you could include in your clinical negligence claim, speak with an advisor today.

How Could A Doctor Deliver The Wrong Treatment?

There are a number of reasons that a doctor could administer the wrong treatment to you. For example:  

    • Misdiagnosis – Your doctor might diagnose you with a condition that you do not have, resulting in you being prescribed drugs that you don’t need.
    • Misinformation – A doctor might give incorrect lifestyle advice to someone with diabetes about how they should manage their condition. 
    • Surgical errors – A problem could arise whereby substances are left inside the body like gauze or operating on the wrong part of the body during a medical procedure. This is an example of a never event
    • Prescription errors – You might take the wrong drug because a lapse in memory on the part of your doctor led to them giving you the wrong medication.

This list is not exhaustive. You might have received the wrong form of treatment in a manner that we have not mentioned above.

If this is the case, contact our advisors to find out more about whether the wrong treatment was administered because of medical negligence. If you’ve sustained harm as a result, you could claim. 

Evidence For A Claim Involving The Wrong Treatment

To make a claim you must provide evidence of medical negligence for your unnecessary medical treatment. Hiring a No Win No Fee lawyer could help make this process feel easier as they can guide you through what evidence you can gather. Some examples of evidence include: 

  • Medical records – Any medical records, detailing the incorrect treatment you received can support your claim. 
  • Witness details – Collect details of witnesses so that a statement can be collected by a legal professional later. 
  • Symptoms diary – Record symptoms as it could prove your condition worsened as a result of the treatment you received. 
  • Incorrect prescriptions-  Keep records of any prescriptions given to prove that the wrong medication has been dispensed. This also helps to create a timeline of the treatment.

It is crucial to prove that the medical professional breached their duty of care for a claim to succeed. However, medicine and law are both complex subjects and determining whether negligence has taken place may require a group of medical professionals to evaluate the situation.

The ‘Bolam test’ can be used to determine whether a medical professional has breached their duty of care. It involves a panel of medical professionals who work in the relevant field determining whether the care provided was of the right level.

If the Bolam test reveals that the care given was insufficient, this may be grounds for medical negligence. However, the panel may deem the care sufficient and state that you were not the victim of negligence. This means you would not be able to claim even if you sustained harm. 

Contact our advisors today if you have any questions about what other evidence can support your medical negligence claim.  

How Do I Locate No Win No Fee Solicitors?

Hiring a No Win No Fee lawyer could help as they may make submitting a medical negligence claim feel easier, as medical negligence can be a complicated area of the law that a lawyer could help you navigate. They can advise you on what evidence you can collect to support your unnecessary medical treatment claim. Furthermore, they can tell you when they think you should accept or reject an offer of compensation. 

There are many benefits to hiring a No Win No Fee lawyer. They require no upfront costs, and you will pay nothing to your lawyer if your claim fails. Alternatively, if your claim succeeds, they will take a small, legally-capped percentage of your compensation as a success fee.

One of our advisors could connect you with a No Win No Fee solicitor from our panel, provided you have a valid claim. Get in touch to find out if you could start a claim today. 

Claim For Unnecessary Medical Treatment Today

Our advisors could help determine whether you could claim for unnecessary medical treatment caused by medical negligence. If they find your claim is valid then they may pass your case onto a No Win No Fee solicitor from our panel to work on your case.

Contact our advisors today by:

  • Calling us on the number above
  • Using the live chat feature on the bottom right of the screen
  • Fill out our online form

Learn More About Unnecessary Medical Treatment

Please see the below helpful links:

How to complain to the NHS

The NHS Constitution for England

Check out some of our other guides below too:

For any questions surrounding unnecessary medical treatment and claiming compensation, contact our advisors today.

Publisher Fern Smith

Writer Jack Earling