Millions of surgeries happen in the United States every year. But, did you know that roughly half of them are considered “unnecessary”? Surgery is always inconvenient. From start to finish, you spend a lot of time and money. And if you find out that your loved one’s surgery was unnecessary, you might be frustrated. But does this mean that you can sue the surgeon or doctor that recommended surgery for medical malpractice?
Are Some Surgeries Negligent?
Many people believe that unnecessary surgeries shouldn’t take place. After all, many complications could happen. Complications include damaged organs, infections, hemorrhages, and anesthesiology errors. But, this doesn’t mean that surgeries that are optional are also negligent. A doctor might recommend surgery because of concern for your loved one’s health. Or, a doctor might recommend surgery to improve your loved one’s quality of life. If these are the case, a personal injury claim probably won’t be that strong. After all, when surgery is optional, it is up to the patient to decide if they want to schedule it.
But, negligence could occur in some situations. For example, if a patient gets misled into believing that the surgery is necessary when it is not on the part of the doctor or surgeon. Another way that doctors and surgeons can be guilty of negligence is if they do not get informed consent. Informed consent means that your loved one was informed of the risks involved in surgery.
Whether the surgery was necessary or not, a mistake can lead to medical malpractice. Another example is a misdiagnosis. If a doctor makes a misdiagnosis and then performs surgery, this could be negligence. One other way that a doctor can exhibit negligence is if they don’t give your loved one other options. This is especially the case if getting surgery is not 100% necessary.
Common Yet Unnecessary Surgeries
Some common surgeries that are not always necessary include:
- Knee surgery for a torn ACL or meniscus
- Gastric bypass surgery
- Coronary bypass surgery
- Pacemaker implants
- Plastic surgery
- Reconstructive surgery
What To Do
Surgery for the elderly can increase complications. This is because elderly become less healthy and resilient as they age. For this reason, it is important to consider all the options before deciding on surgery. If you think that your loved one’s doctor or surgeon was negligent, talk to a personal injury lawyer. A personal injury lawyer will know based on the facts of your case how the case would do in court. If a personal injury lawyer believes that your loved one has a case, they will work with you to recover damages. Your loved one can recover damages for the cost of the surgery itself. They can also get compensation for physical therapy and other medical bills. Also, your loved one can receive compensation for their pain and suffering.