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.