Undergoing surgery can be a painful and emotionally distressing experience. If you underwent a procedure that was not medically necessary it can be frustrating at best and lead to physical, emotional, and financial ruin at worst. After receiving an unnecessary surgery you may be wondering about your legal options and whether or not you have the right to sue the surgeon or hospital. Depending on the details of the situation you may have valid grounds to pursue legal action. Reach out to a Bergen County surgical error lawyer for more information and to obtain skilled representation during your case.
What is an Unnecessary Surgery?
The National Institutes of Health (NIH) defines an unnecessary surgery as any type of surgical procedure that is not needed, not indicated, or not in the patient’s best interest. A surgery may not be in the best interest of the patient if the risks outweigh the potential rewards or there are other, more conservative options outside of surgery.
Some of the most common unnecessary surgeries that are performed in the United States include the following.
- C-sections
- Hysterectomies
- Spinal fusions
- Angioplasties
- Gallbladder removals
- Tonsillectomies
- Knee replacements
- Hip replacements
- Pacemakers
Why Are Unnecessary Surgeries Performed?
When it comes to why a surgeon would perform an operation that is really not necessary, a couple of reasons may apply. First, the patient may request the surgery if they are fed up with their ailment and believe it will cure them.
From a surgeon’s perspective, there may be a variety of reasons to perform an unnecessary procedure including financial incentives, to maintain a certain reputation, outdated beliefs and practices, to do things how they have always been done, to justify expensive equipment and tools in the hospital, and more.
Regardless of the reason or how incentivized the surgeon is, an unnecessary surgery should never be performed, especially without informing the patient about the risks and alternative options.
Can I Sue After Receiving an Unnecessary Surgery?
If you got an unnecessary surgery you may be able to file a medical malpractice lawsuit. Medical malpractice laws are complex and the details of the situation can impact whether or not you are able to file a successful lawsuit.
A key element when it comes to suing for an unnecessary surgery is whether you gave informed consent. Informed consent means that you were fully informed about the risks, benefits, and alternatives to surgery and you willingly agreed to receive the procedure. If all of this is true and you gave informed consent you will not likely recover compensation from your lawsuit, seeing as you knew the risks and options.
However, if your surgeon was negligent in your surgery you can win your lawsuit. Negligence can be proven by establishing that you were misdiagnosed and underwent surgery based on that false diagnosis, that your doctor pushed surgery immediately without first exploring less intrusive alternatives, etc.
With enough evidence like medical records, witness testimony, expert testimony, and more, you can successfully file a lawsuit after receiving an unnecessary surgery. Reach out to a skilled lawyer for legal assistance today.
