TALK TO AN ATTORNEY

FREE CONSULTATIONS > PAY NOTHING UNLESS YOU WIN

Unnecessary Procedures

Some doctors and surgeons recommend unnecessary medical procedures and treatments – some may do so intentionally and others may do so unintentionally. In the former case, a doctor may be guilty of fraud and could face criminal as well as civil liability. But in the latter case, victims may still hold the doctor liable in a medical malpractice case if he or she was negligent in ordering the unnecessary surgery or treatment if it caused them harm.

Patients Have Recourse if Harmed by an Unnecessary Surgery

In any case, if a doctor performed an unnecessary surgery on you – whether to make money from Medicare, Medicaid or private insurance payments, because of incompetency, or because of indifference to the risks and consequences you face – you may file a lawsuit.

Since 2005 until the article was published in 2013, over 1,000 doctors have paid malpractice claims for unnecessary procedures, reports USA Today, which performed a review of the National Practitioner Data Bank public use file. Many of the cases involved multiple plaintiffs, which suggests that there are thousands of patients who have been victimized.

Recovering compensation in a claim requires proving that the doctor acted intentionally, recklessly, or negligently in ordering the surgery. It also requires proving that the doctor’s actions caused your injuries and you suffered damages as a result. Medical expert testimony is often required in any malpractice case, but other evidence like medical records may be valuable tools in proving liability as well.

A patient who suspects his or her surgery or other treatments were unnecessary should contact any of our offices to review the case.

Some doctors and surgeons recommend and perform unnecessary tests or treatments simply to benefit their bottom-line. Incompetence is another issue. Doctors may not have a full understanding of the risks of the procedures.

Incidence of Unnecessary Operations

A USA Today report from 2013 found a whopping 10 to 20 percent of all operations may be unnecessary. The news report revealed the following statistics.

  • Ten percent of spinal fusions that Medicaid paid for in 2011 were unnecessary.
  • In a study from the journal Surgical Neurology, researchers found that of 274 patients with neck and back complaints, 17 percent had been told they needed surgery but there was no medical evidence to support the need.
  • After evaluating the cases of 112,000 patients who had an implantable cardioverter-defibrillator (akin to a pacemaker), researchers whose study was published in JAMA determined the treatment was unnecessary 22.5 percent of the time.

If a doctor performed an unnecessary surgery on you – whether to make money from Medicare, Medicaid or private insurance payments, because of incompetency, or because of indifference to the risks and consequences you face – you may file a lawsuit.

Why are Unnecessary Procedures Performed?

USA Today unabashedly summarizes the reasons why so many patients are needlessly suffering at the hands of their health care providers, “There are three broad categories of unnecessary surgery: the immoral, the incompetent, and the indifferent.”

John Santa, director of the Consumer Reports Health Ratings Center, shared with USA Today, “I think there are a very small percent of doctors who are crooked, maybe one or two percent. I think there’s a higher percentage who are not well trained or not competent. Then you have a big group who are more businessmen than medical professionals — doctors who look at those gray cases and say, ‘Well, I have enough here to justify surgery, so I’m going to do it.'”

Get a Free Consultation Today

If you have an injury case, you have an attorney at Chalik & Chalik. Never pay a fee unless you win.

Call Us Today at (855) 529-0269
We have experience representing victims in all types of personal injury cases in South Florida

No fee unless your case is successful
We work hard to provide quality representation and personal service to our clients, and will fight for your right to recover the benefits you deserve. Call our offices or fill out our form to schedule your free initial consultation today!

Watch Us On

Chalik & Chalik attorneys are recognized as authorities by national media.

Download Our Free eBook

Car Accident Victims: 7 Mistakes to Avoid!