Medical therapies have progressed throughout the years. New research suggests the treatment of illnesses with less invasive methods. Therefore, medical conditions that needed to be treated by surgery can now be healed by other methods.
Surgery is an invasive procedure that may leave a patient vulnerable to complications. Therefore, unnecessary surgery is considered a severe malpractice mistake.
Unnecessary surgery is a common error in medical malpractice. However, just the fact that the doctor could avoid surgery does not instantly prove medical malpractice. You will need to demonstrate evidence that a doctor was negligent concerning the mistake.
Learning that you went through the dangers of a surgery that could be avoided is devastating. Going through the stressful, painful, and expensive procedure of an unnecessary operation is even more distressing than the operation itself.
If you or someone you love suffer from an injury from medical malpractice, you should seek legal advice from a medical malpractice lawyer in Georgia. It is crucial to act quickly and investigate whether the medical mistake that caused you suffering was malpractice with the assistance of a legal professional. A medical mistake may cause long-lasting health issues or even be fatal.
You will be surprised to hear that unnecessary surgery is a frequent form of medical malpractice.
When Can I File a Claim for Medical Malpractice
If you are a patient harmed by the negligent actions of a medical practitioner, you may file a claim for medical malpractice and financially recover your injuries, given that you can prove the following:
- An established relationship between you and your doctor showing that your doctor owes you a duty of care.
- Your doctor deviated from the accepted medical standards and principles, causing you damage.
Unnecessary Surgery and Medical Malpractice
If a medical practitioner could use a different method to treat a disease, surgery could be considered unnecessary. However, to be able to file a lawsuit against a doctor for an unnecessary surgical procedure, you must prove that the doctor acted negligently. Nevertheless, some cases like the following have sufficient grounds for a medical malpractice lawsuit:
- Unnecessary surgery that caused injuries to the patient due to the doctor’s misdiagnosis.
- The doctor performed unnecessary surgery for personal gains, like financial profit or professional fame.
- Unnecessary surgery was performed without the consent of the patient.
- The doctor operated on the wrong patient.
- The doctor performed surgery on the wrong part of the body.
If you or someone you care about have suffered an unnecessary surgery, you should consult a medical malpractice attorney to determine if your case fits in any of the above scenarios and demonstrate medical negligence in court.
Common unnecessary surgeries include the following:
- Back surgeries
- Cesarean sections
- Hip and knee replacement surgeries
- Pacemaker implants
- Cardiac surgeries
Expert Witnesses Establishing Medical Negligence
Your medical malpractice lawyer will need to call a medical expert witness to testify for your case and establish medical negligence. This medical professional must have relevant qualifications and knowledge and testify whether they would suggest and perform the same surgery to a patient in a similar situation. The court will decide whether the doctor acted negligently based on what a reasonable doctor would do under the same circumstances.
Nonetheless, if the mistake made was obvious, you may not need a medical expert’s testimony.
To demonstrate medical malpractice, a medical expert will examine the following:
- The medical history of the patient
- The medical condition of the patient prior to surgery
- The doctor’s conclusions reached based on the above factors
- The doctor’s history in curing similar health conditions
- Whether the doctor explained to the patient all the risks and complications of the surgery
- Whether the doctor informed the patient about any alternatives to the operation
The medical expert will be able to express a knowledgeable opinion on whether the doctor acted negligently or not after studying all of the above data.
Contact a Medical Malpractice Lawyer in Georgia
If you or someone you love suffered injuries from unnecessary surgery, you should consult a medical malpractice lawyer. A legal expert can evaluate your case and determine if your doctor acted negligently. If that is the case, you may file a medical malpractice lawsuit on the grounds of unnecessary surgery and claim compensation for your losses.
Call us today at Joe Durham Jr., P.C. for your free consultation. Our team of experienced medical malpractice lawyers will help you protect your rights to financial recovery.