In most instances, the surgical procedures that are recommended by doctors are medically necessary. There a small number of procedures that are performed that are not. If you believe the surgery that your doctor performed was not medically necessary, here is what you need to know:
Can You Sue for Medical Malpractice?
Logically, it might seem that you have the right to sue because the doctor recommended a surgery that was not medically necessary, but your options for legal action could be limited. To be considered medical malpractice, you must prove that the actions of the doctor were negligent. Even though he or she recommended and performed an unnecessary procedure, this does not automatically mean the doctor's actions were negligent.
To prove that the doctor's actions were negligent, you must rely on an expert medical witness. The witness will look at various aspects of your case, including your condition before the surgery. He or she will determine if there were other treatment options that were available that could have been used instead of the surgery.
Whether there were other treatment options will play a major role in your case. To prove negligence, the expert witness must testify to what most doctors would have done in your case. This can be challenging because some medical conditions have more than one possible course of treatment.
What If You Were Not Injured?
One of the key components of a medical malpractice case is that the plaintiff was injured by the actions of the defendant. In this instance, you must prove that the doctor's unnecessary surgery led to an injury. If you did not have any physical injuries that resulted from the surgery, meeting the standards for a medical malpractice claim could be challenging.
Although challenging, it is not impossible. Other injuries, such as your lost time from work, pain from recovery, and other damages that resulted, could be enough to win your case. To prove those damages, you will need to provide such documentation, such as your employment records.
Even if you do not have enough damages to prove injury, the doctor's insurance company could be compelled to settle the case if it believes there is a threat of going to court and losing the case in a jury trial.
The specifics of your case play a major role in how successful you will be in pursuing a medical malpractice case against your doctor. Consult with a personal injury attorney like Blomberg Benson & Garrett to learn the odds of winning a claim.