Unnecessary Surgery and Medical Malpractice

Sometimes an unnecessary surgery ends up causing more damage to the patient than if the surgery had never been performed in the first place; in this case the patient or his estate may have a valid medical malpractice suit.

Medical malpractice lawsuits based on unnecessary surgery often occur because a doctor failed to adequately appreciate the risks of surgery or advised surgery when other non-surgical methods could have been attempted first. For instance, in gastric bypass weight loss surgery, a doctor should consider the risks of surgery compared to the possibility that the patient could try a diet and exercise regime before taking the surgical route.

Lawsuits based on unnecessary surgery may also stem from misdiagnosed symptoms; if a doctor incorrectly diagnoses that a gall bladder should be removed, for example, and the patient ends up with complications and later finds out that the gall bladder wasn’t actually the cause of the patient’s symptoms, there could be a lawsuit based on the surgery.

Some of the most common unnecessary surgery lawsuits involve the following procedures:

• Coronary bypass
• Gastric bypass
• Hysterectomy
• Lower back surgery
• Pacemaker implant surgery
• Surgery to handle heartburn
• Surgery to deal with irritable bowel syndrome (IBS)

Before any surgery a patient should be advised of the risks and benefits as well as what could happen if the surgery is not performed; if the patient does not receive adequate consultation on these matters, there may also be a medical malpractice lawsuit based on the lack of informed consent as well.

If you feel like you have a valid claim for a medical malpractice lawsuit based on an unnecessary surgical procedure, you should contact a medical malpractice lawyer in your area as soon as possible; the statute of limitations, which puts a time limit on when you can file suit, is running.