Get Your Case Reviewed by a Medical Malpractice Attorney
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Is unnecessary surgery considered medical negligence?
Question:
Is unnecessary surgery considered medical negligence?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Talk to a Medical Malpractice Attorney
Tell us a little about your injury & get a local Malpractice Lawyer to review your case for Free.Get Informed - Medical Malpractice Laws & Information
- Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.
- Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.
- Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.
- Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.
- Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.
- State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.
Unnecessary surgery can be considered malpractice if the doctor knew or should have known that the surgery was unnecessary prior to its performance. An honest and reasonable belief in the surgery’s necessity will likely mean that a physician will not be held liable for surgical malpractice. Additionally, exploratory surgery to which the patient consented may also be considered malpractice.
Regardless of consent, unnecessary surgery that is not exploratory can subject a physician to malpractice. As surgery is invasive, expensive and requires lengthy recovery times, surgeries are usually easily identified as causing damages to the patient, regardless of whether the patient’s injuries were exacerbated or he incurred further damages from the surgery. Furthermore, an unnecessary surgery that actually benefits the patient may also be malpractice. This is because the patient was subjected to a surgery that he didn’t require.
A medical professional acts negligently in treating a patient when he does not provide the normal standard of care. Negligence in causing unnecessary surgery to be performed can come in the form of overlooking medical tests or misdiagnosis of the patient’s illness. Additionally, unnecessary surgery that is performed when the patient is not informed about other treatments that may treat his illness may constitute malpractice.
Getting Legal Advice
If you have been subjected to unnecessary surgery, seek legal advice about recovering damages. An attorney will review the facts of your medical treatment and discuss with you whether you might have a viable malpractice claim.
References: