Filing A Medical Malpractice Claim For Unnecessary Surgeries In New York

One wrong or unnecessary surgery can lead to long-term damages you might never recover from. Naturally, you want to file a medical malpractice claim and hold the party accountable for their actions. However, suing for unnecessary procedures can be challenging. Learn more about unnecessary surgeries and how to file a successful medical malpractice claim for your injuries.

Common Types Of Incorrect Or Unnecessary Surgeries

Unnecessary surgeries are more common than you think. In fact, up to 20% of any surgeries performed in the US are considered unnecessary. Some of the most common ones you see in the medical field include:

  • Diagnostic tests without any symptoms of a medical condition
  • Exploratory surgeries performed without medical evidence
  • Cosmetic surgeries without a patient’s informed consent
  • A duplicate surgery where a doctor accidentally performs the same procedure twice
  • Incorrect surgeries on the wrong body part or patient

Effects Of Unnecessary Surgeries On A Patient

Regardless of the procedure, an experience like this can have lasting physical, emotional, psychological, and financial effects.

These procedures can cause serious harm like physical pain, a longer recovery time, or a potential disability in more extreme cases. On a psychological or emotional level, these experiences leave victims with lifelong trauma and a deep mistrust of doctors. Patients must also pay for expensive medical bills or corrective surgeries following the procedure. If they can’t work, their lost wages will only worsen their situation.

If you’re in this situation, consulting with a lawyer and filing a medical malpractice claim is the best way to get compensated for your injuries.

Can You Sue For An Unnecessary Surgery In New York?

If you’ve experienced an unnecessary surgery, New York’s medical malpractice laws let you file a claim for damages. However, proving the procedure was unnecessary won’t be enough. You need proof that your medical provider breached the standard of care and directly caused you harm.

Here are a few tips to prove negligence in your malpractice case:

  • Have Your Medical Records Ready: Medical records are the main part of any medical malpractice case. These records should include the procedure’s details and whether there was an actual reason for why the defendant performed the surgery to begin with.
  • Use An Expert Testimony: An expert witness can testify that the surgery was unnecessary and that a competent doctor wouldn’t have recommended that procedure.
  • Prove A Lack Of Informed Consent: Before any surgery, the medical staff needs to educate the patient about every potential risk and alternative. This process involves checking if you understand and consent to the procedure, its outcomes, and the associated risks, including the possibility of additional surgeries. 

How Our Malpractice Lawyers Can Help

The aftermath of an unnecessary surgical procedure can  be deeply traumatizing. If you’re in this situation, know that you’re not alone. Our experienced New York medical malpractice attorneys are here to help you understand your rights, evaluate your case, and take the next steps. Please contact us online or at (866) 575-0433 to schedule a free consultation today.