Unnecessary surgery can be medical malpractice. If you’re a victim of such malpractice in Greenville, SC, you may have the right to monetary compensation.

Our experienced Greenville medical malpractice lawyer at Bobby Jones Law explains your rights and your legal options.

What Is Considered Unnecessary Surgery?

Unnecessary surgery is a medical procedure to alter the human body using instruments or techniques that meet the following criteria:

Not medically appropriate based on the circumstances
Not in the best interests of the patient
Unlikely to benefit the patient in a way that outweighs the risks
Performed when less invasive procedures would be better

Surgery is unnecessary when it is not appropriate or beneficial for the patient. It may harm the patient or prevent them from receiving better care for their situation.

Why do unnecessary surgeries occur?

The reasons that unnecessary surgeries may occur are complex. Some motivating factors include:

Financial incentives
Lack of medical knowledge or training, misdiagnosis
Easier and faster to do surgery than a more conservative treatment
Physician reputation or antisocial personality
Lack of access to prior medical records
Practicing while impaired by alcohol, drugs, or prescription drugs

One Johns Hopkins survey reported that physicians believe 15-30% of medical care is unnecessary. Physicians who responded to the survey reported, on average, that they believe 16.7% of medical procedures are unnecessary and motivated by profit.

How Failure To Obtain Informed Consent Leads to Liability

Informed consent can be an important factor in medical malpractice for unnecessary surgery. Ultimately, a patient has the right to direct their own medical care. They have the right to the relevant information to make an informed decision about whether they want to undergo surgery.

A patient needs to know several things:

Potential and likely outcomes of having the surgery
Potential and likely outcomes of not having the surgery
The expected results of the surgery and why it is recommended
Risks of having the surgery, potential complications
Alternative treatments
What will happen during the procedure, including anesthesia
Answers to other questions

With this information, the patient can decide whether to have the surgery. Informed consent is more than just signing a form before a procedure. It has the information needed to choose among alternatives and make a decision regarding care. Failing to obtain informed consent can be the basis for legal liability and a claim for compensation.

Signs You May Be a Victim of Unnecessary Surgery

Signs that you may be a victim of unnecessary surgery may include:

Being rushed into surgery quickly
Minimal testing or diagnostic exploration before a surgery recommendation
Being pressured to choose the surgery despite reluctance
The doctor did not discuss risks and alternatives with you
Being given a form to sign without anyone discussing it with you
Symptoms persisting without improvement, ineffective procedure
Complications that outweigh the potential benefits of the procedure
A second opinion that the surgery was not necessary
Needing another corrective surgery
Medical records being incomplete, obscured, or inaccurate
A different procedure is being done than what you agreed to
The surgery reveals a different condition than was anticipated

This isn’t a complete list. Medical care providers may give evasive or misleading answers about the procedure, its benefits, and the person’s medical condition. Gathering medical records and seeking a second opinion can help you determine if you are the victim of unnecessary surgery.

Common unnecessary surgeries

Here are some examples of surgeries that may be unnecessary:

Back surgery: fusion, discectomy, laminectomy (spinal stenosis), artificial disc replacement
Heart surgery: stent, bypass, cardiac catheterization, pacemaker insertion
Hysterectomy: for benign conditions or when there are alternative treatment options
Cesarean section (C-section): creating risk of infection, hemorrhage, and other complications
Gallbladder removal: when gallstones are asymptomatic or because of misdiagnosis
Knee replacement: instead of weight loss, injections, and physical therapy
Hip replacement: performing the replacement without fully exploring underlying causes and non-surgical treatment
Shoulder replacement: often performed when the patient is young, and rehabilitation would be better
Episiotomy: when there is a lack of a medical emergency
Eye surgery: creating a risk of permanent vision impairment

Whether surgery is unnecessary depends on the patient’s circumstances, rather than on the type of surgery performed. Any surgery can be unnecessary if it’s not appropriate for the patient.

Compensation Available in Unnecessary Surgery Lawsuits

Compensation for unnecessary surgery can cover economic and non-economic losses. The patient may have additional medical bills to correct what occurred. They may have lost income and household expenses because of prolonged medical issues. These economic losses can be compensated directly.

In addition, the patient will have non-economic losses, which may include physical pain, anguish, lifestyle impact during rehabilitation, disability, and prolonged suffering. Non-economic losses are valued based on the patient’s suffering, inconvenience, and other intangible impacts.

Each case is valued individually. An attorney can help you evaluate what your claim may be worth.

Do I have a claim for unnecessary surgery compensation?

In South Carolina, medical malpractice can be an affirmative act, or it can be a failure to act. Doctors and other medical professionals have a legal duty to provide adequate care. Performing an unnecessary surgery can meet the legal definition of doing what a reasonable care provider would not do, if a reasonable doctor would not have performed the surgery.

Determining if you have a claim for unnecessary surgery medical malpractice typically involves having a qualified medical professional review what occurred. In addition to proving that medical malpractice occurred, you must identify the causation of harm and the appropriate damages.

To receive compensation, you must bring a claim. An attorney can represent you in your claim for unnecessary surgery medical malpractice.

See: How Does a Medical Malpractice Lawsuit Work in SC?

When To Contact a Greenville Medical Malpractice Lawyer

If you believe you may be a victim of unnecessary surgery medical malpractice, we encourage you to contact a Greenville, SC medical malpractice lawyer. Bobby Jones Law represents clients in the Greenville, SC area.

You can talk with a lawyer about what happened and receive advice about your rights and options. See how a lawyer may represent you in a claim for monetary compensation.

Call or message us now.