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Can I File a Medical Malpractice Suit on the Grounds of Unnecessary Surgery?

Did you know that medical errors are the third most common cause of death in the United States? Medical errors and malpractice also account for many injuries and unnecessary procedures. If you are the victim of unnecessary surgery, you might be wondering if you can file a medical malpractice suit.

What do you need to file this kind of lawsuit? How can you know if this malpractice lawsuit is valid? Where should you start?

Keep reading and learn more about how it works below.

When Is Surgery Not Considered Necessary?

There is a fine line between necessary and unnecessary surgery. Suppose your doctor diagnosed you with a condition that you don’t have. This misdiagnosis leads the doctor to believe that you need to undergo surgery to treat this issue.

This is a form of unnecessary surgery. This is because you do not have the medical issue that would warrant surgical treatment. This could be medical negligence because the doctor did not diagnose you correctly.

Medical surgeries also need to be performed with the consent of the patient. If you never consented to the surgery in question, this is a big problem. This could be evidence of medical malpractice and can help strengthen your case if you were unaware of the risks.

You may also file a malpractice suit if the doctor operated on the wrong part of your body. Suppose you needed surgery on your right knee because of an injury but the doctor performed surgery on your left knee.

This surgery is unnecessary because your left knee was not the one that was injured. This is evidence of medical negligence as it shows the doctor was not paying attention, which led to a massive and unnecessary medical error.

Another problem is when the doctor does surgery on the wrong patient. You may be confused with another patient that requires surgery. The doctor can think that you are another patient based on an error in the paperwork or due to negligence.

The Details

There are also cases in which a doctor may prompt you to get surgery that you don’t need. The doctor may do this to make extra money off you. Suppose your hip is hurting and you suffer from the early stages of arthritis.

The right treatment may be physical therapy and some anti-inflammatory medication. But your doctor may insist that you need hip replacement surgery. This surgery may not be necessary but your doctor will insist that it is.

This surgery will make your doctor a large chunk of extra money but you could sue for medical malpractice if you can prove that this surgery was unnecessary. Choosing the wrong type of surgery to fix an issue may also be considered medical malpractice.

Suppose that you broke your foot. Your doctor tells you that you need invasive surgery to repair your foot so you can walk again. You may develop a serious infection after the surgery and your foot may need to be amputated.

You then discover that you could have opted for a less serious surgery that might have not led to such a drastic infection. It is possible to sue for medical malpractice over this. But how can you prove that surgery was unnecessary?

Hiring a Lawyer for Your Medical Malpractice Suit

Unnecessary surgery can give rise to a very serious medical malpractice lawsuit. The main way you can get justice for yourself is to hire a good medical malpractice attorney. This type of attorney is familiar with all the laws surrounding medical malpractice and negligence.

The lawyer can also help prove whether surgery was unnecessary. The lawyer will need to sort through the documentation of the surgery. It will also be necessary for the lawyer to become familiar with your health conditions and any injuries you may have.

The lawyer will also examine the doctor’s notes and how the doctor concluded that the specific surgery was the best option. It is also important for the lawyer to understand what the doctor said to you about the surgery. The doctor might have misled you regarding what the surgery was or why it was needed.

The doctor may have made it sound like a small and minor operation when it was something very serious.

What You Need to Know

You should also make it clear whether the doctor explained the risks of the surgery to you. But all this might not be necessary if there is clear proof that the surgery was unnecessary.

Consider that the doctor operated on your left leg when you needed treatment on your right leg. This is clear evidence of medical malpractice and negligence.

It is important to choose the right lawyer before proceeding with a medical malpractice suit. You need the best legal representation to ensure that you get the best compensation. This is why it is important to do your research before hiring a lawyer.

Hiring a lawyer at random is the worst thing you can do. They might not have the right experience or education for the job. Medical malpractice lawsuits can be highly specific and complex so ensuring you hire a true medical malpractice lawyer is very important.

Filing a Medical Malpractice Suit for Unnecessary Surgery

Unnecessary surgery is a huge medical error that you can sue for. Filing a medical malpractice suit can be complicated, but you can make it easier by hiring the right attorney. Having the right attorney on your side will ensure you get the compensation that you deserve.

To learn more about legal representation, check out our services.


In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.

Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.