New York Malpractice & Injury Lawyer Blog
People check into the hospital for surgery on a daily basis. In fact, there are just under 50 million surgeries performed in the United States each year. Most surgeries performed are necessary and many improve or save lives. Scarily for some, as many as 50 percent of the surgeries performed may be unnecessary to the patient.
Any surgery is a risk. You could hemorrhage, experience damage to your internal organs or develop an infection. Almost all surgeries require that you take time off of your job to recover. It stands to reason that people would only want to undergo surgery if it was absolutely necessary.
How Common Is the Problem?
Some of the most common types of unnecessary surgery include hysterectomy, caesarian section, gastric bypass, pacemaker implants and surgeries for irritable bowel syndrome. Many experts think that the sudden rise in these types of surgeries can be tied to the increase in doctor-owned outpatient centers.
Unnecessary and Negligent Are Not the Same
In general, if your doctor suggests that you undergo a surgery for a reasonable concern and you consent, the surgeon will not be considered negligent even if the surgery is determined to ultimately have been unnecessary. To be considered a case of malpractice, the doctor must have made some type of error and the surgery itself must have caused you harm.
When You Have a Case
To determine whether or not you have a case for medical malpractice, you and your lawyer will determine the facts. Typically, there must not have been a legitimate medical need, your doctor failed to inform you of the risks and benefits associated with the surgery, and the standard of care was not followed.
An attorney experienced in medical malpractice law can help you determine if those three factors are true in your case. If you believe that you underwent a surgery that was not necessary, consulting an attorney is in your best interest.
Call our office today and let a member of our team review the details of your case at no cost to you. We are here to help you and your family and will advise you of your options as you move forward. Call now or browse our website for more information about our firm and how we can assist you.