As an older individual that was once heavily involved in athletics, I have suffered numerous back injuries and other complications for at least the past decade. In my search to end the pain and discomfort in my back, I have admittedly taken some medical risks, which I felt were outweighed by the benefits of a medical procedure. However, the latest surgery I received on my back, I believe, was entirely unnecessary and only further complicated my back issues.
At the time, I was informed of the risks and rewards of the procedure and felt confident in undergoing the surgery; however, as I learned later, the attending surgeon grossly overstated the potential benefits of this surgery versus the potential risks and complications. If I had know this information beforehand, I would have never agreed to what amounted to an unnecessary and damaging surgery. Can I file a civil suit against the surgeon who recommended and performed this back surgery on me?
Answer:
It is not uncommon for patients suffering back pain to undergone spinal surgeries and other procedures, only to find they suffer further or exacerbated pain following the surgery. In many cases, as it seems to be in yours, patients are not fully informed regarding the potential benefits and expectations they should have following the back surgery. Under this theory of informed consent, patients may exercise their rights to file malpractice claims against their surgeon in the civil courts.
As a patient, filing a civil action against a surgeon for an unnecessary back surgery first will require consulting with a medical malpractice attorney in the jurisdiction where the procedure occurred. An attorney will be able to review the specifics of your malpractice claims, verify that a successful claims case exists, and file the suit on your behalf. Though a prolonged discovery period may be required, documentation regarding the informed consent issues at hand will be brought forth, as well as other medical expert testimony regarding the normal standard of care in cases similar to yours. It should be important to note, however, that every state contains some form of statute of limitations concerning the filing of medical malpractice suits. For this reason, you should consult with legal counsel as soon as feasibly possible to ensure your right to request compensation in the civil courts.
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Posted by Greg Cohoat on 27 Apr 2010