Patient Injury from Unnecessary Surgery: Medical Malpractice?

It has been estimate that, of some of the most common surgeries, such as pace maker implant and coronary artery bypass, 20% of the time a less invasive form of treatment is often better suited for the patient. Often times, a doctor may suggest a surgical procedure instead of a more conservative treatment for a number of reasons. It may be a more expedient option, or it may just be easier. However, the most overlooked factor in this type of medical decision is the inherent risk associated with any type of surgery.

Types of Surgery Which May be Unnecessary

According to a study by Dr. Allan M. Greenspan of Albert Einstein Medical Center located in Philadelphia, the rate of surgery grew two time faster than the population in the US between 1979 and 1987. This means, anyone person is twice as likely to be prescribed some type of surgery in 1979 vs. 1987. Fast forward to today, and it's likely to be even higher.

According to the study, some of the most common forms of unnecessary surgery and other invasive procedures are as follows:

• Implant of Pace Maker
• Coronary Artery Bypass
• Hysterectomy
• Cesarean Section
• Cardiac Catheterization
• Angioplasty
• Balloon Angioplasty
• Carotid Endarterectomy

Risks Involved

Obviously, these types of procedures can also save lives, but there is a fine balance between accepting the risks involved and opting for safer treatments. If a doctor has two option to treat a patient, and both are equally effective, then the least risky option should be the one chosen.

There are risks involved with any surgical procedure, especially with regards to anesthesia. Errors in anesthesia can often cost a patient their life, or cause severe permanent injuries. Additionally, surgical mistakes can lead to internal bleeding or infection which can also have life-threatening consequences.

What About Misdiagnosis Leading to Unnecessary Surgery?

Often times an unnecessary surgery will be the result of a doctor misdiagnosing the symptoms for which a patient was admitted. In these cases, a patient is put at risk due to negligence in diagnosis. Obviously, a family can potentially be caused significant suffering in these types of case, and legal remedies may be available.

Is This Medical Negligence?

If a doctor operates on a patient, and an error in surgery or anesthesia causes injury to the patient, then it is a case of medical negligence for which the patient can sue the doctor and demand money for all associated damages. But what if there is no injury from the surgery, but rather just expected disability?

It is possible that a medical malpractice suit can be filed for an unnecessary surgery, even if it goes as planned. This only happens in cases where the surgery itself leads to damages as per medical malpractice law.

Only a medical malpractice lawyer can determine if any particular situation is grounds for a medical malpractice lawsuit.