Medical Malpractice Lawsuits against Unnecessary Surgeries

by David Zevan on Jan. 22, 2015

Accident & Injury Medical Malpractice Accident & Injury Accident & Injury  Wrongful Death 

Summary: Millions of surgeries are performed in the United States every year, and most of these surgeries are meant to save the lives of the patients. However, around half of these surgeries may not even be necessary.

Complications may occur in all types of surgeries. These complications include hemorrhage, infection, organ damage, and anesthesia errors. Individuals who go through surgeries have to miss work to facilitate recovery. They also experience a certain level of suffering and pain. All these costs hit the patient even harder if the surgery they went through was unnecessary.

Unnecessary Surgeries Are Common

The most common types of unnecessary surgeries include pacemaker implants, caesarean section, coronary bypass surgery, hysterectomy, gastric bypass, heartburn or irritable bowel syndrome surgery.

According to analysts, the growing number of unnecessary surgeries can be attributed to the increasing number of outpatient surgery centers that are owned by doctors.

Individuals who think they went through an unnecessary surgery are eligible to receive compensation for the costs associated with the surgery. They can also seek compensation for wage loss, and pain and suffering she/she has endured.

“Unnecessary” is not Necessarily the Same as Negligent

Unnecessary surgeries cannot be equated with medical negligence, particularly if the procedure was performed based on a rational concern for the health of the patient. For the surgery to be termed medical malpractice, the surgeon or doctor would have been negligent in some way, and the surgery should have resulted in a long lasting injury.

Legitimate Medical Need

A surgeon who jumps to surgery without considering other available options can be termed negligent. The doctor can also be negligent if a condition was misdiagnosed, and surgery was performed based on wrong diagnosis. However, it is necessary to prove that other reasonably-competent doctors would not commit similar mistakes in these situations.

In case the victim decides to file a lawsuit, his/her medical records will be evaluated by a third-party expert. The expert determines whether the recommendations of the doctor to perform surgery conformed to standard procedures.

St. Louis medical malpractice attorneys
at Zevan and Davidson suggests that a second and possibly a third opinion should be obtained by the patient before going through a surgery.

Informed Consent

Before performing the surgery, the patient should be informed about the advantages and disadvantages by the doctor. The doctor should also inform the patient about what can happen if the procedure is not carried out. When the patient is not advised about the possible outcome of the surgery by the doctor, the doctor may be held liable for negligence. The doctor would be considered negligent if he obtained consent through pressure.

Standard Of Care

Doctors who commit mistakes during the procedure or do not conform to the standards of care can be held liable for negligence. This is applicable to both necessary and unnecessary surgeries.

Speak with a Medical Malpractice Lawyer

Medical malpractice cases can be quite complicated especially if they concern unnecessary surgeries. So, it is important to seek services of an experienced medical malpractice attorney.

If you have been injured due to the neglience of a medical professional, contact the Zevan and Davidson Law Firm by calling (314) 588-7200 and scheduling a free and private consultation with an experienced attorney.

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