Every surgery carries risks, but those risks are only acceptable when the operation is medically necessary. If a patient undergoes an unnecessary procedure and suffers harm, it may be grounds for a medical malpractice claim. Contact our Las Cruces surgical error attorney if you’ve been harmed by an unnecessary surgery.
What Makes a Surgery Unnecessary?
A surgery is considered unnecessary if it is not supported by a correct diagnosis. It might also be unnecessary if less invasive options were available, or if financial profit was a primary factor in recommending the surgery.
Unnecessary procedures usually based on improper patient evaluation and negligent treatment decisions.
Common examples include:
- Misdiagnosing a condition and operating for an illness the patient does not have.
- Recommending surgery without first ordering proper scans or tests.
- Recommending operations to increase facility or surgeon profits.
- Skipping non-surgical options like medication, therapy, or monitoring.
- Failing to suggest a second opinion when a diagnosis is uncertain.
- Pressuring a patient to agree to surgery without explaining other options.
Liability for such procedures is not always limited to the operating doctor. Other parties might share blame for harm, including radiologists who misinterpreted imaging results, pathologists who misread biopsy samples, etc.
Common Types of Unnecessary Procedures in Medical Malpractice Claims
Some procedures appear more often than others in unnecessary surgery claims. Examples include:
- Spinal fusion procedures recommended for back pain
- Heart stent procedures when testing does not clearly show that a stent is necessary
- Hysterectomies performed before the patient has tried less invasive treatments
- C-sections scheduled for convenience or liability concerns rather than a medical need
- Joint replacements that are not supported by imaging
- Exploratory procedures performed by doctors
Healthcare providers must give patients sufficient information about a proposed treatment so they can knowledgably decide whether to proceed. This usually involves outlining the recommended operation, highlighting key risks and anticipated benefits, and explaining less invasive choices.
A signed consent form does not permit doctors to perform improper or unnecessary operations. Informed consent may be spoiled if a practitioner fails to discuss known alternatives or neglects to disclose serious safety concerns.
Harm Caused by Unnecessary Procedures
The harm from an unnecessary operation can be extensive and long lasting. Patients often endure painful recoveries and, in some cases, permanent impairments to mobility or functioning.
A patient may also experience:
- Anesthesia complications
- Infection
- Excessive bleeding
- Damage to organs
- Harm to nerves
- Chronic pain
- Reduced mobility
- Scarring and disfigurement
In addition to medical expenses and corrective treatment, patients commonly experience lost income from serious missed time at work. Likewise, patients often endure severe pain and suffering, not to mention an original health problem left untreated.
Proving an Unnecessary Surgery Claim
Proving unnecessary surgery in a medical malpractice claim requires examining your medical files, imaging, and standard care guidelines. Expert testimony from other medical providers is often essential to confirm that the operation lacked medical necessity. Furthermore, experts can also help show a direct link between a surgical error and the resulting harm or financial losses.
If you suffered harm from a surgery you believe was unnecessary, Coates & Johnson can review your records and help you evaluate your options. Contact us today for a free consultation.