Unnecessary Surgery: Do You Have a Medical Malpractice Case? By on July 28, 2015

If a mechanic tells you that you need a new transmission on a car that is only one year old, you will probably seek a second opinion. However, if a doctor tells you that you need a medical procedure, you most likely accept it without a second thought. After all, doctors are trustworthy, right? They take an oath to serve and protect their patients. Sadly, many physicians perform unnecessary surgery. If you suspect that you were subject to an unwarranted procedure, you may have a viable medical malpractice case. Our attorneys have years of experience in malpractice law. We will fight tirelessly to expose unethical practitioners and obtain the compensation that you deserve. To learn more about medical malpractice and unnecessary surgery, contact our Salt Lake City practice today.

The Truth about Unnecessary Surgery

Sadly, incidents of unnecessary surgery may be more prevalent than you realize. Lucian Leape, a former Harvard professor and an expert on patient safety, has been studying the rates of unnecessary surgery since 1974. He estimated that there were nearly 2.4 million uncalled for procedures each year. These procedures resulted in nearly 12,000 fatalities. When USA Today interviewed him in 2013, he remarked that there had been little progress in this area.

According to the newspaper, between 10 and 20 percent of all specialty surgeries are not needed. The most common unnecessary procedures include:

Stent implants
Angioplasties
Pacemaker implants
Spinal surgeries
Knee replacements
Hysterectomies
Caesarian sections

The number of unnecessary surgeries is alarming as it is. However, there are likely far more unneeded procedures that no one knows about. Federal and state governments are not required to track these needless procedures.

The Consequences of Unnecessary Surgery

If your doctor performed a pointless surgery, you may now be facing a number of serious consequences. First, you are saddled with medical bills for a procedure you did not need in the first place. Even more significantly, you may be struggling with serious medical problems that affect your quality of life or your ability to earn a living. The consequences of unnecessary surgery include:

Infection
Loss of a limb
Restricted mobility
Hemorrhaging
Organ damage
Emotional trauma

Establishing Your Claim

Medical malpractice is a complex branch of law. Even if your procedure was not required, you must meet certain criteria to have a viable lawsuit. First, a doctor must have displayed negligence or carelessness when recommending a certain procedure. Some medical problems are difficult to diagnose, and symptoms can mimic those of other conditions. A doctor may not be guilty of negligence if another practitioner would have recommended the same treatment. In addition, you must have suffered harm because of the surgery. Most pointless procedures will cause some degree of harm. However, certain procedures, such as a tonsillectomy, may not be grounds for a lawsuit.

Attorney Younker has worked on both sides of medical malpractice law. Having switched to the prosecuting side of the bench, he is passionate about getting his clients the justice that they deserve. He maintains professional relationships with top medical expert witnesses. Their testimony can verify your doctor’s negligence, and it may be key evidence in your lawsuit. Additionally, Attorney Younker will work tirelessly on your behalf. During this difficult time, he will provide legal assistance, as well as emotional support.