I recently went for my annual physical, which noted some potential irregularities in my heartbeat during a stress test. My primary physician recommending seeking the advice of a cardiologist, just to be conservative and proactive. I appreciated his approach and scheduled an appointment.
At the appointment, after an initial examination, I underwent a diagnostic test known as a cardiac catheterization. This test noted some coronary artery blockage, which apparently alarmed the attending cardiologist. After a brief conversation with the doctor, which highlighted the dangers of coronary blockage, the specialist urged me to undergo bypass surgery. Upon his medical recommendation, I did so. However, following the procedure, another medical professional noted that my blockage could have been much more easily managed through drug treatment and subtle lifestyle changes, not surgery.
Now, I am faced with a significantly growing debt stemming from the surgical procedure, as well as lost income as the result of the recovery period from the unnecessary surgical procedure (I am self-employed). This is all not to mention the inherent risks I undertook by simply having an open-heart surgery performed, which obviously, caused grave concern among me and my family. Do I have any legal grounds to file a lawsuit for unnecessary surgery in this case?
Answer:
Unnecessary surgery is an epidemic facing the American medical community. Although physicians wish to err on the side of caution, the risks of undergoing surgery are great. Furthermore, many conditions deemed best resolved by surgical intervention are actually more effectively and less invasively solved through medication and other changes in one’s life, as you noted above. Patients that feel they have undergone unnecessary surgery often have several options regarding their legal rights to file suit following these unnecessary surgeries, which often depend on the specific nature and damages of each case.
If you have been a victim of an unnecessary surgery, which can be prove in the civil courts with the assistance of medical expert testimony, at the very least, you may be entitled to compensation for the costs of the procedure, as well as outstanding lost wages and other medical expenses following the operation. If you have suffered further medical damages, such as complications stemming from the procedure, lost of quality of life, or further medical issues, you may still have further rights to claim compensation.
It is highly advisable that you consult with a medical malpractice attorney in your area as soon as possible. Filing suits against healthcare providers and companies engaged in negligent medical care or unnecessary surgeries carry a statute of limitations period in most states no longer than two (2) years. Furthermore, legal counsel will be required to accurately file a suit, as well as carry on with further litigation in the future.
Talk to a Medical Malpractice Attorney to get qualified legal advice regarding your situation and your legal options.
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Posted by Greg Cohoat on 15 Apr 2010