Yes, you can sue for unnecessary surgeries, but it must be based on a medical malpractice claim that proves the doctor was negligent and the surgery caused you harm.
Imagine undergoing an invasive neck surgery intended for cancer patients that exposes you to a post-operative infection, bleeding, organ and nerve damage, and chronic pain, only to find out that your condition is benign. It's an example of an unnecessary surgery, which occurs in approximately one in ten procedures in the U.S., according to Carrum Health.
Can you sue if this happens to you? Under medical malpractice laws, if negligence and harm are proven, you can. However, understanding your rights in medical procedures and the key steps involved in proving medical negligence is crucial.
Unnecessary surgeries are procedures performed without a clear medical need, where the risks outweigh the potential benefits, and less invasive alternatives have not been properly explored. They can be considered medical negligence, especially when they result in harm and deviate from the expected standard of care. Examples include:
Even if a patient consents to an unnecessary surgery, it can still qualify as medical negligence if the full risks of the surgery were not fully disclosed or if it was not medically justified, usually due to misdiagnosis.
There were over 100,000 medical malpractice claims filed in the U.S. over nine years ending in 2023, according to Physicians Thrive. Four elements are required to prove negligence, including:
Expert testimony is also essential to show any deviation from normal practices. If your medical care has resulted in surgery errors, legal help from a medical malpractice attorney, like Cummings Law, can ensure you receive compensation for your damages.
Filing medical negligence claims can be complex, as you must demonstrate that your healthcare provider breached their professional duty of care and that this directly caused you significant harm or loss. The process entails gathering medical records, diagnostics, and expert opinions on breaches of standard care. Medical malpractice attorneys are experienced in taking legal action against surgeons and will:
Consult an attorney promptly, as suing for medical malpractice can be impacted by the statute of limitations, which is usually 1 to 5 years from the incident.
Hiring an experienced attorney is the first step in proving negligence and securing the compensation you deserve. Potential compensation in a medical malpractice case includes economic damages, such as lost wages and medical bills, as well as non-economic damages for pain and suffering.
Unnecessary surgeries are more common than most people realize. If you experience this, it's essential that you know your rights, act promptly, and seek legal help.
Cummings Law has over 25 years of experience handling and trying medical malpractice cases. Our successes speak for themselves, with over $47 million in settlements for clients and a $1 million jury trial verdict, despite not receiving a settlement offer before the trial. Contact us today so that we can do the same for you.
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