We all want to receive competent and reliable care from our doctors. This typically means that the doctor should be vigilant, pay attention, and not miss anything that is critical to our health. Unfortunately, some doctors go too far the other way. They may order unnecessary tests and perform unnecessary surgeries at a patient’s expense. If you have undergone an unnecessary surgery, you should contact our Baltimore surgical malpractice lawyers right away. Medical malpractice cases are complicated, but we can perform a comprehensive review of your claim and come up with a legal strategy accordingly.What is an Unnecessary Surgery?
There are 48 million surgical procedures performed across the U.S. each year. While many of these surgeries are vital and save lives, others are entirely unnecessary. An unnecessary surgery refers to any surgical procedure that is either not required, not specified, or not in the patient’s best interest when evaluated against other available options and more conservative measures. In other words, an unnecessary surgery is any surgery that has no medical value for the patient. A study published in the Journal of Patient Safety found two main reasons why surgeons perform unnecessary procedures:
- Surgeons are trained to do so, have always done it that way, or do not know any better; or
- Surgeons have an incentive to perform surgeries for monetary gain, reputation, or both.
Sadly, the problem is common and affects tens of thousands of patients on an annual basis. According to data from the Institute of Medicine, unnecessary medical procedures cost about $750 billion per year and account for about 30 percent of all medical costs. Another report found that 10 to 20 percent of all surgical procedures in certain specialties are unnecessary surgeries.Medical Malpractice Arising from Unnecessary Surgeries
An unnecessary surgery can lead to the routine complications that accompany any kind of procedure, such as hemorrhaging, infections, damage to internal organs, anesthesia effects, and more. In addition, following the surgery, the patient must go through the pain of recovery and deal with the reality of lost time at work and a diminished capability to do their day-to-day activities. It is bad enough to need to deal with the physical and emotional consequences of any kind of unnecessary surgery. You should not need to suffer financially as well. Fortunately, you may have a legal avenue for recourse.
If you have undergone an unnecessary surgery and have suffered harm, you may be able to recover compensation through a surgical malpractice claim with the assistance of a knowledgeable attorney. Surgical malpractice is a negligent action or failure to act on the part of the surgeon in a surgical procedure. An action is considered negligent if it departs from the generally accepted standard of care within the medical community for that specialty. In other words, the standard of care refers to the level of care that another surgeon in the same specialty would have used in the same situation. It is important to note that it is not enough to show that the surgeon’s conduct violated the standard of care; you must also show that the violation was a direct cause of your injury.Filing a Medical Malpractice Case in Maryland
Maryland law establishes the procedure for filing a medical malpractice claim against a medical professional. A victim of medical malpractice is required to file their claim with the Director of the Maryland Health Care Alternative Dispute Resolution Office. Once this is done, the Director will have a local sheriff serve the medical professional with the lawsuit.Contact a Surgical Malpractice Lawyer in Baltimore Today
An unnecessary surgery may lead to a surgical malpractice claim. If you have suffered harm from an unnecessary surgical procedure, you need to reach out to our seasoned Baltimore attorneys. At Arfaa Law Group, we can evaluate your case and help you understand your legal rights and options. To learn more about whether you have a viable malpractice case, call us today at 410-889-1850 or contact us online. We represent people throughout the state of Maryland.