Cleveland Unnecessary Surgery Attorney
Advocating for Victims of Unnecessary Surgical Procedures in Cleveland, OH
When your doctor recommends that you go under the knife for surgery, you assume it is for the best. You must have a critical medical issue if you are be sent to the operating room... right? Unfortunately, this is not always the case, and when such mistakes happen, you will need legal help to recover compensation for your losses.
The Becker Law Firm, LPA understands the emotional and physical toll that unnecessary surgeries can have on patients and their families. We are here to offer legal aid to those who have been victims of this form of medical malpractice.
What Is Unnecessary Surgery?
Unnecessary surgery refers to procedures performed by health care professionals that were not needed or were overly aggressive, putting patients at an undue risk. These procedures could range from minor surgeries to major invasive operations.When a medical professional recommends, performs, or encourages a surgery that is not medically necessary, it constitutes a violation of the patient's trust and can lead to serious consequences.
Why Do Doctors Perform Unnecessary Procedures?
Several factors may contribute to doctors performing unnecessary surgeries:
Financial Incentives: Some healthcare providers may be motivated by financial gain, as surgeries often result in higher reimbursements.
Misdiagnosis: A misdiagnosis or failure to explore alternative treatments may lead to unnecessary surgical recommendations.
Lack of Informed Consent: Patients may not be adequately informed about alternative treatments or the risks and benefits of surgery, leading to uninformed decisions.
Defensive Medicine: Physicians may recommend unnecessary surgeries to avoid potential medical malpractice claims, ordering procedures that are not essential but are perceived as "defensive" in nature.
Regardless of the reasons, performing an unnecessary surgery is a breach of a doctor's duty of care to their patients.
Consequences of Unnecessary Surgeries
The consequences of unnecessary surgeries can be severe and life-altering. Patients may suffer:
Physical Harm: Unnecessary surgeries can result in physical injuries, complications, and pain that could have been avoided.
Emotional Trauma: Patients may experience emotional distress, anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of unnecessary surgeries.
Financial Burden: Victims may face substantial medical bills, loss of income, and ongoing healthcare costs related to the unnecessary procedure.
In some cases, unnecessary surgeries can even lead to disability or death.
Proving That a Surgery Was Unnecessary
Proving that a surgery was unnecessary requires a thorough investigation and presentation of evidence. Key elements in establishing a case may include:
Medical Records: Reviewing medical records to identify inconsistencies, lack of supporting evidence, or indications that the surgery was not warranted.
Expert Opinions: Consulting with medical experts who can provide opinions on whether the surgery was necessary based on the patient's medical condition.
Alternative Options: Demonstrating that reasonable alternative treatments existed and were not explored or discussed with the patient.
Informed Consent Issues: Identifying instances where patients were not adequately informed about the risks, benefits, and alternatives to the surgery.
In turn, you must demonstrate that no reasonable healthcare provider would have recommended the surgery under the same circumstances.
How an Attorney Can Help
If you or a loved one has undergone an unnecessary surgical procedure, our Cleveland unnecessary surgery attorneys can provide invaluable assistance by:
Investigating Your Case: Conducting a thorough investigation to gather evidence and build a strong case.
Consulting Medical Experts: Engaging with medical experts to evaluate your case and provide professional opinions on the necessity of the surgery.
Negotiating with Insurers: Working with insurers to secure fair compensation for the physical, emotional, and financial damages resulting from the unnecessary surgery.
Litigating When Necessary: If a fair settlement cannot be reached, our experienced litigators are prepared to take your case to court to pursue justice.
Contact The Becker Law Firm for a Free Consultation
The unnecessary surgery lawyers at The Becker Law Firm possess extensive experience handling cases involving unnecessary surgeries. We understand the complexities involved and are committed to providing compassionate representation throughout the legal process.
Fighting For Your Rights
We believe in fighting hard for our clients' rights and achieving justice on their behalf. If you've suffered because of an unnecessary surgical procedure performed by a healthcare provider in Cleveland, OH or surrounding areas, contact us today for a free consultation.
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“Michael Becker helped us secure our daughter’s future needs. We will always be grateful for the impact he has had on our family.” - Kris Harmon, mother of Perri
“Mike represented us as if he was fighting for his own family member. I knew that my son was getting the best representation in Northeast Ohio.” - Knyesha Washington
“David handled our case professionally and really cared about my daughter and her outcome.” - Client