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Medical Malpractice and Unnecessary Surgical Procedures

April 16, 2017

We rely on our doctors to give us expert advice that will help to improve or maintain our health and cure our ailments. We put a great deal of trust into the medical professionals who treat us because their decisions can quite literally be life or death for us in many cases. So what happens when your doctor decides that you need surgery, and you undergo a difficult and painful procedure, at great expense to you, and then find out that it might have been entirely unnecessary? Is this grounds for a medical malpractice case? It could be.

Medical malpractice occurs when a medical practitioner is negligent and the patient sustains injury or death as a result. This means that if your doctor did something that other reasonable doctors would not have done under similar circumstances, and you were harmed as a result, then your doctor might be liable for medical malpractice.

In the case of unnecessary surgery, harm would not be difficult to show. For instance, the mere act of surgery involves cutting into a person, which, when not medically necessary, is almost certainly harm. In many cases, surgery can lead to other risks or medical problems as well. For example, surgery that removes something, such as a kidney, or a hysterectomy, will likely cause other medical issues for the person throughout their life.  Surgery also presents risks in the form of infections. Even the anesthesia often administered presents potential risks.

A bigger hurdle is showing that the surgery was not only unnecessary, but that it was unreasonable, from a medical perspective, to perform the surgery. If the surgery was performed to determine if a serious problem existed, and surgery was the only way to determine it, then the fact that the problem did not exist would not mean the surgery was unreasonably performed. It could be that many doctors would have made the same decision given the patient's symptoms.

Because medical expertise is used in the decision to perform surgery, it is likely that determining whether malpractice occurred will depend largely on the basis of medical expert witnesses who will attest to the reasonableness or unreasonableness of the doctor's decision to operate.

If it turns out that a surgery truly was unnecessary, and unreasonably performed, there will likely be a case for medical malpractice against the doctor who made the decision to operate. In this case, the patient would have the opportunity to collect damages from the doctor to cover the cost of medical care related to the surgery, as well as future medical expenses resulting from the surgery, pain and suffering, emotional distress and other potential damages depending on the case.

Many aspects of medical malpractice law, and law relating to damages will vary though, depending on the state that the events occurred in. It is important to understand what to expect in your location.

If you were injured as the result of an unnecessary surgery, then you should contact an attorney to discuss your claim and determine whether you have a case for medical malpractice. Every claim is different and it will take an experienced attorney to evaluate the specific facts of your case, and to decide the best course of action for you to take to protect your legal rights.

Put Our Law Firm's Over 39 Years Of Legal Experience To Work For Your Case!

If you believe you have been injured because of the negligence of a doctor, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 39 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour live chat.


Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.

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