Millions of surgeries are performed in the United States every year, but did you know that roughly half of them are considered “unnecessary”? Yes, surgery is always inconvenient. Between pre-surgery appointments, the surgery itself, and recovery (which oftentimes involves physical therapy), you’re looking at a lot of time and money spent. If you find out that your child didn’t HAVE to have the surgery, you might be frustrated with the resources you’ve wasted in order to get it. But does this mean that you can sue the surgeon or doctor that recommended surgery for medical malpractice? Find out here!
Are Some Surgeries Negligent?
Many people believe that unnecessary surgeries shouldn’t take place. After all, there are a lot of complications involved in surgery, ranging from damaged organs, infections, hemorrhages, and anesthesiology errors. However, this doesn’t necessarily mean that surgeries that are optional are also negligent. If a doctor recommends surgery because there is a reasonable concern for your child’s health and the surgery can improve your child’s quality of life, a personal injury claim probably won’t fly. After all, when surgery is optional, it is up to the patient to decide if they want to schedule it.
However, if a patient is misled into believing the surgery is absolutely necessary when it is not, this could point to negligence on the part of the doctor or surgeon. Other ways that doctors and surgeons can be guilty of negligence and, subsequently, medical malpractice, is if they do not get informed consent from the patient before surgery or if, during surgery, a mistake is made.
Whether the surgery was necessary or not, a mistake made during surgery can expose a surgeon to medical malpractice cases. In addition, if a doctor makes a misdiagnosis and then performs surgery, he or she could be considered negligent. One other way that a doctor can exhibit negligence is if he or she doesn’t give you and your child non-surgical options, especially if getting surgery is not 100% necessary.
Common Surgeries That Are Considered Unnecessary
- Knee surgery for a torn ACL or meniscus
- Caesarian sections
- Gastric bypass surgery
- Coronary bypass surgery
- Pacemaker implants
- Plastic surgery
- Reconstructive surgery
What Should I Do?
If you think that your child’s doctor or surgeon has been negligent and your child has suffered financially and physically as a result, you can consult with a personal injury lawyer. A personal injury lawyer will know based on the facts of your child’s case how the case would do in court. If a personal injury lawyer believes that your family has a case, he or she will want to work with you in order to recover damages. Your child can recover damages for the cost of the surgery itself, missed school, the physical therapy your child had to attend, and other medical bills. In addition, you can receive compensation for your child’s pain and suffering.