Proving An Unnecessary Surgery Claim

Law Blog

One of the worst forms of medical malpractice is undergoing medical surgery that you don't need or that has risks that clearly outweigh the benefits. If you are the victim of such malpractice, then you can hold the party liable for your damages. Below are some of the things you will have to prove to win your unnecessary surgery claim.

Pre-Surgery Medical Condition

The first thing is the examination of your health before the surgery. Here, the court will consider your medical complaints, the doctor's diagnosis, the tests you had undergone, and the medication or treatments you had taken. This investigation will reveal your medical status before the surgery and help the court determine whether the doctor's prescription was necessary. For example, if your medical problems were minor and your health had been improving, then the court might find that the surgical intervention was unnecessary.

Standard Recommendations

The court will also investigate the standard operating procedures for your pre-surgery medical condition. In this case, the medical textbooks, the training manuals for doctors, and the opinions of other doctors with the same specializations will be considered. For example, your doctor might be guilty of performing unnecessary surgery if the standard prescription is to administer drugs but the doctor prescribed surgery.

Surgeon's Rationale for the Surgery

The court will also examine your doctor's reasoning for prescribing the surgery. This is important because not all medical cases are the same. Even medical cases that might look similar might have slight variations that might call for different treatments. For example, it might be that your medical problem typically doesn't call for surgery, but your specific health issues required surgery because it was diagnosed at an advanced stage.

Known Rate of Complications

Most medical surgeries have some inherent risks and surgical operations sometimes lead to medical complications. However, this doesn't stop doctors from prescribing surgeries because, in most cases, the benefits of the surgeries outweigh the risks.

However, every doctor must still consider the risks and benefits of each surgery for every individual. This means the doctor must also consider the known risks of the surgery and determine whether they are justifiable for the case at hand. This means the court will consider the known risks and their rates of occurrences to determine whether the doctor was justified to order for the surgery.

Hopefully, you won't suffer any form of medical malpractice any time soon. If you are a victim of such negligence, however, consult a law firm and pursue your claim as soon as possible because these cases tend to be complicated.


18 February 2020

File Chapter 7, and Keep Your Home

Many people assume that when they file Chapter 7 bankruptcy, they will have to give up their homes and other property. This is not necessarily the case. I am a bankruptcy attorney, and I have helped many clients file for Chapter 7 bankruptcy without giving up homes, cars, and other property. When you file for bankruptcy, the property you are allowed to keep depends on your individual circumstances and the state where you live. Most states allow exemption for property you are currently paying for. This blog will guide you through that information and help you determine if filing Chapter 7 bankruptcy is the right choice for you.