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When Is Unnecessary Surgery Considered Medical Negligence? February 28, 2019

Harrison, Boone
When Is Unnecessary Surgery Considered Medical Negligence?, Harrison, Arkansas

Countless surgeries are performed every day across the nation. They are often essential for improving a patient’s health or saving their life, but many procedures are also done unnecessarily. When this occurs, it can cause life-altering injuries. Under the law, healthcare professionals have a duty to provide patients with a certain level of care, and if they fail to do so, a medical negligence claim may be brought against them. If you have undergone an unnecessary surgery and suffered serious harm as a result, here’s what you need to know to identify whether or not you can seek damages.

How to Determine If an Unnecessary Surgery Constitutes Medical Negligence

Proving a Surgeon Was Negligent

medical negligenceFor a patient to be compensated after having an unnecessary surgery performed, they must be able to prove their surgeon acted negligently. This is done by showing there was no legitimate medical need for the procedure, the victim didn’t give informed consent, or the surgeon didn’t apply a reasonable standard of care. In most cases, victims must present their medical records as evidence along with testimony from a medical expert that confirms no competent physician would have done the surgery.

Learning Surgery Doesn’t Always Equal Negligence

Although surgery may not have been necessary, it doesn’t automatically warrant a medical negligence claim. Physicians are often faced with difficult decisions that must be made quickly and with limited information. Doctors generally make surgery recommendations based on their professional judgment, which means even competent surgeons are capable of choosing the wrong treatment method. If a patient gives informed consent, this indicated they are consciously agreeing to proceed with the physician’s recommendations, and it can be challenging proving negligence if the surgery is found to be unnecessary in retrospect.

 

Surgery is beneficial when it’s needed, but an unnecessary surgery can have devastating results. If you believe you have cause to file a medical negligence claim, contact the legal team at Watson Law Firm of Harrison. They can help determine if you have a valid case, and if so, guide you through the process of pursuing compensation. With more than 35 years of combined experience, they know how to build a strong argument that will prove your surgeon’s liability. Call the Arkansas law firm at (870) 704-4037 to discuss your options, or visit them online for more information on the different types of malpractice cases they handle.

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