When Unnecessary Surgery Becomes Grounds for a Lawsuit

The Lown Institute estimates that Medicare loses up to $600 million a year as a result of needless back surgeries. C-sections, spinal fusions, and arthroscopic partial meniscectomy knee surgery are other frequent unnecessary surgeries.

Surgery is a major decision, and most people believe that their doctors will only suggest it when absolutely necessary. Unnecessary surgeries are occasionally carried out on patients. Pain, extra medical charges, and possibly long-standing health issues could result from such surgeries. 

Victims of such incidents may be able to recover damages through a claim for unnecessary surgery compensation.

Let's examine the areas where unnecessary surgery can give rise to litigation, assisting affected patients in defending their rights and holding the involved healthcare personnel liable.

Understanding Unnecessary Surgery: Definition and Examples

When you contemplate unnecessary surgery, you have to consider that not all procedures are required. 

Some people have been subjected to operations on trivial matters, which would better be treated by means of drugs or lifestyle changes. Examples include operations that scarcely benefit the patient, such as gallbladder removal or knee surgery for arthritis. Healthcare providers should consider noninvasive options first.

If you are informed about scenarios, then you can make an educated decision about your well-being. If you are pushed into an operation, stand up for yourself and get a second opinion. 

Put your health first and foremost by checking if the suggested procedure applies to your particular problems.

Factors Leading to Unnecessary Surgical Procedures

These are several factors contributing to unnecessary surgeries. Surgical procedures can arise from miscommunication and the absence of patient education. The doctor may somewhat rush you into making decisions under consultation, which eventually produces misunderstanding about your condition and treatment methods.

If the doctor has not explained in a clear manner, you may just go along with surgery out of fear or because you feel an urgency to see it through. Financial incentives can create a conflict for some healthcare providers to suggest procedures benefiting their business more than the patient's health. 

Certain medical cultures tend to promote surgery more than any other form of treatment, causing you to move away from decisions that you did not fully understand. 

So if you have suffered damages due to medical malpractice, you have the right to file a claim to recover those damages, says medical malpractice lawyer Alexander Alvarez.

When you put yourself first and ask many questions, you are guaranteeing that the surgery is necessary and is in your best interest.

The Emotional and Financial Toll on Patients

An unneeded operation can be emotionally and financially draining. You may feel anxious, confused, and betrayed, not only about your health but also about the recommendations. 

The expenses can be significant and may greatly exceed your regular living costs. At that moment, your anxiety will grow, and you'll have to stick to that one option for your well-being. 

Legal Grounds for Pursuing a Lawsuit

Should you believe you underwent an unnecessary surgery, you may have the right to take legal action. You must first prove that the surgery was unnecessary and did not meet medical standards. 

To support your claims, you must produce medical records and statements from treating physicians. The court may also request the opinion of an expert witness. The evidence should indicate that the physician was negligent in rendering advice or treatment, e.g., failure to warn about the risks of surgery or to inform about alternative treatment. 

If you suffered injuries, whether physical, emotional, or financial, experts' testimonies would be your best bet to win the case. An attorney could assist you with the legal representation.

Protecting Yourself: Steps to Take Before Undergoing Surgery

Always get a second opinion prior to undergoing surgery.

Another qualified physician might shed some light on your choices and bolster your beliefs regarding diagnosis or treatments. Set aside time to learn about the procedure itself and all of its benefits and risks.

Your health is the doctor's concern, and you should not shy away from asking any questions. Nonsurgical alternatives may also be discussed. Study your medical history, do some reading, and furnish the doctor with the information. This will allow the doctor to formulate a treatment plan that best fits your therapeutic needs.

You are entitled to turn down a surgical procedure if you do not want it.

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