All surgical procedures, even minor ones, carry risks. When there is another way to relieve symptoms or cure a condition, many people would choose the less invasive option. However, sometimes surgeons do not give people a choice.
Unnecessary surgeries are all too common, and patients suffer because of them. If you believe you have had a surgery that could have been avoided and suffered significant medical complication as a result, consult one of the experienced medical malpractice attorneys at D’Amico & Pettinicchi, LLC.
A Connecticut unnecessary surgery lawyer will review your case and determine whether there is sufficient proof that your doctor performed a surgery that wasn’t medically necessary. If so, you could sue them for malpractice and collect financial compensation.
Performing a medically unnecessary surgery is a form of negligence. A surgeon who performs surgery without a medical reason to do so commits malpractice. However, the analysis is rarely cut and dry.
For example, many orthopedic conditions can be treated with surgery or with non-surgical alternatives like weight loss and physical therapy. Some cancer surgeries can be avoided if the patient chooses chemotherapy or radiation. Sometimes, medication and lifestyle changes can control a heart problem well enough that surgery is unnecessary.
However, patients sometimes choose surgery in these cases, expecting it will fix the problem once and for all. Getting surgery might seem less challenging than trying to lose a lot of weight or being on medication forever. When a surgeon has clearly explained all the patient’s options and the patient chooses surgery, the procedure may not have been unnecessary even though it could have been avoided.
Surgeons have an obligation to provide their patients with a thorough explanation of their condition and the options to treat it. The surgeon should also explain the consequences of not treating the condition. During this conversation, the surgeon must present the risks and benefits of each treatment option so that the patient can make a reasoned decision.
This process is called getting the patient’s informed consent. When a physician recommends surgery but does not explain other, less invasive options, they have prevented the patient from making an informed decision. When a physician explains the other options but presents them in such a way that the patient is left with the impression that surgery is their only reasonable choice, the medical professional may have violated their obligation to obtain informed consent.
The Connecticut unnecessary surgery attorneys at D’Amico & Pettinicchi, LLC, can review your medical record to see what the surgeon documented when they obtained your consent to the procedure. If your recollection of the conversation differs from their documentation, our legal professionals will look for additional evidence supporting your recollection. Sometimes, the records reveal that surgery was not indicated in your case.
When you believe your doctor performed unnecessary surgery, it is important to speak with a local lawyer as soon as possible. Connecticut General Statute § 52-584 allows a patient to file a lawsuit only two years from the date of the negligence. However, even when discovery is delayed, a patient must file a lawsuit within three years of the unnecessary surgery or lose the right to sue.
Before a patient can file a lawsuit, they must obtain an expert opinion from a doctor who practices the same type of surgery. The opinion must state that the patient was likely a victim of medical negligence and explain why the surgery was unnecessary in the specific case.
Many medical malpractice cases are settled before trial but typically only after substantial pre-trial litigation. The law encourages the parties to participate in mediation or another form of alternative dispute resolution before a trial is scheduled. These efforts often lead to an appropriate financial settlement.
If your doctor put you through the pain, inconvenience, expense, and risk of surgery without medical justification, you deserve compensation. The attorneys at D’Amico & Pettinicchi, LLC, have spent decades pursuing financial damages for people whose doctors have betrayed their trust.
Hold an irresponsible medical professional accountable by pursuing a lawsuit. Schedule a no-cost, in-person or remote consultation with a Connecticut unnecessary surgery lawyer today.
