My Surgery Was Unnecessary. Can I Sue?

My Surgery Was Unnecessary. Can I Sue?According to a USA TODAY investigation, tens of thousands of patients undergo unnecessary surgeries each year. This is an incredible number that gets very little attention, save for some very high-profile cases. The article states that unnecessary surgeries could account for 10 to 20 percent of all operations in some specialities of medicine, including cardiac and spinal procedures. Other surgeries they found are often performed more often than necessary were knee replacements, caesarean sections, and hysterectomies.

For example, USA TODAY’s report found that, in 2011, about 10% of all spinal fusions paid for by Medicare were not needed by the patient. The reasons the procedures were unnecessary were because either there were no medical basis for them, or because doctors didn’t follow the standard of care of exploring non-surgical treatments.

If you find your surgery was unnecessary, does that make it medical malpractice? The answer isn’t that clear-cut, but we’ll try to make some sense of it here in this week’s blog.

It is medical negligence?

First, remember that “unnecessary” isn’t the same as “negligent.” Malpractice means the surgeon must have been negligent in some way, and that negligence caused long-term harm. However, if a surgeon performed a procedure due to a reasonable medical concern, but that surgery turned out to be unnecessary, that might not constitute malpractice.

There should be a legitimate medical need for your surgery, meaning that all non-surgical options have been exhausted. A doctor who recommends surgery without other options first could be considered negligent. So could a doctor who misdiagnoses you and performs surgery when another competent doctor would have made a correct, non-surgical diagnosis.

Remember, before consenting to surgery, you should always get a second or third opinion.

Why would a doctor perform unnecessary surgery?

Doctors perform tens of millions of surgeries each year, most of which save and improve people’s lives. However, many of those surgeries are simply useless. Moreover, surgeries come with risks and complications—anesthesia errors, hemorrhage, organ damage, or infection. And after the surgery, patients have to spend painful time in recovery, even if everything goes 100% well.

Doctors tend to perform unnecessary surgeries for two reasons:

  1. Because that’s what they’ve been trained to do and it’s the way they’ve always done it.
  2. They have incentive to do the surgery, either financial or for professional fame.

For the record, both of these reasons could be considered acts of malpractice, and the second may even be criminal. Speak with a lawyer if you’re unsure about what your rights are.

Medical malpractice cases typically have statutes of limitations, so it’s important to act now. Our Chicago medical malpractice attorneys at Gainsberg Law will carefully investigate what happened and why regarding your surgery, from your initial doctor visit all the way through to today. We are ready to help you obtain justice and secure the compensation to which you are entitled for your losses. We invite you to schedule a meeting with our legal team through our contact form, or by calling 312.548.9019.

 

 

Free Case Evaluation

No-Obligation Case Review

  • This field is for validation purposes and should be left unchanged.
Chicago Injury Attorneys

Our Testimonials

M.S., Chicago, IL

"Neal Gainsberg represented me in a personal injury case after a vehicle struck a motorcycle that I was riding on. Neal made sure I understood my rights as an injured party, and that I was receiving the proper medical attention. He did a great job in negotiating a settlement with the insurance company and making sure all my medical bills were paid and that I was compensated for my injuries and loss time at work. I recommend Neal as a lawyer to anyone who unfortunately is injured in an accident."

M.S., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T16:41:13+00:00

M.S., Chicago, IL

"Neal Gainsberg represented me in a personal injury case after a vehicle struck a motorcycle that I was riding on. Neal made sure I understood my rights as an injured party, and that I was receiving the proper medical attention. He did a great job in negotiating a settlement with the insurance company and making sure all my medical bills were paid and that I was compensated for my injuries and loss time at work. I recommend Neal as a lawyer to anyone who unfortunately is injured in an accident."

L.S., Chicago, IL

"Neal Gainsberg was an excellent attorney. He explained everything to me and made the process very easy. He was available to answer any questions and provided the help and representation that I needed. I would use Neal again if I had another legal issue. I urge anyone who is looking for a lawyer to call Neal."

L.S., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:24:30+00:00

L.S., Chicago, IL

"Neal Gainsberg was an excellent attorney. He explained everything to me and made the process very easy. He was available to answer any questions and provided the help and representation that I needed. I would use Neal again if I had another legal issue. I urge anyone who is looking for a lawyer to call Neal."

V.S.G. and M.G., Richton Park, IL

"Neal is a great attorney. He helped us with several legal issues, including obtaining a large settlement for us following a car accident. He worked very hard on our case from the start, answered all our phone calls and questions, and kept us continually updated. Since then, we have used Neal for other civil matters. We have known Neal for over 13 years, and call him whenever we have a legal question. We know Neal will be there to help us."

V.S.G. and M.G., Richton Park, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:25:43+00:00

V.S.G. and M.G., Richton Park, IL

"Neal is a great attorney. He helped us with several legal issues, including obtaining a large settlement for us following a car accident. He worked very hard on our case from the start, answered all our phone calls and questions, and kept us continually updated. Since then, we have used Neal for other civil matters. We have known Neal for over 13 years, and call him whenever we have a legal question. We know Neal will be there to help us."

L.G., Chicago, IL

"Neal Gainsberg helped me obtain long-term disability benefits. The insurance company denied my claim and cutoff my benefits even though I was set for surgery and there was no way I could work. Neal collected my medical records and letters from my doctors and had my benefits reinstated. I have had no issues with the insurance company once I hired Neal."

L.G., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:19:37+00:00

L.G., Chicago, IL

"Neal Gainsberg helped me obtain long-term disability benefits. The insurance company denied my claim and cutoff my benefits even though I was set for surgery and there was no way I could work. Neal collected my medical records and letters from my doctors and had my benefits reinstated. I have had no issues with the insurance company once I hired Neal."

R.P., Chicago, IL

"Neal Gainsberg is a smart and an aggressive lawyer. He did a great job on my case. He helped me with a money dispute with a former friend and obtained a judgment for me. Neal listened and paid attention to any question I had, answered my calls right away, and was there for me at every point during the case. He knew exactly what to do in court. If you are looking to get compensation, I highly recommend that you hire Neal."

R.P., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:35:21+00:00

R.P., Chicago, IL

"Neal Gainsberg is a smart and an aggressive lawyer. He did a great job on my case. He helped me with a money dispute with a former friend and obtained a judgment for me. Neal listened and paid attention to any question I had, answered my calls right away, and was there for me at every point during the case. He knew exactly what to do in court. If you are looking to get compensation, I highly recommend that you hire Neal."

K.R., Chicago, IL

"After my former lawyer refused to continue with my auto accident case, Neal Gainsberg took over the case, and he was able to obtain a settlement for the other driver’s policy limits. He was actively involved in my case, returned all my calls, and explained any issue that I had during the case. After I spoke with Neal, he was able to resolve any problems or issues. Neal provided exceptional representation against the insurance company for the other driver. Since Neal settled my case, I have recommended him to my family members and friends. If you have a legal issue, you should call Neal and hire him to be your attorney."

K.R., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:21:53+00:00

K.R., Chicago, IL

"After my former lawyer refused to continue with my auto accident case, Neal Gainsberg took over the case, and he was able to obtain a settlement for the other driver’s policy limits. He was actively involved in my case, returned all my calls, and explained any issue that I had during the case. After I spoke with Neal, he was able to resolve any problems or issues. Neal provided exceptional representation against the insurance company for the other driver. Since Neal settled my case, I have recommended him to my family members and friends. If you have a legal issue, you should call Neal and hire him to be your attorney."

J.T., Chicago, IL

"Neal Gainsberg was a great lawyer. He represented me at a small claims trial and obtained a great result. Neal was there for me and answered all my questions even though my case was not that large."

J.T., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:21:23+00:00

J.T., Chicago, IL

"Neal Gainsberg was a great lawyer. He represented me at a small claims trial and obtained a great result. Neal was there for me and answered all my questions even though my case was not that large."

E.S., Chicago, IL

"Neal Gainsberg represented me in my Chapter 13 case. He knew all the details about bankruptcy and my case, explained everything to me in the beginning, made every issue easy to understand, and provided the help I needed during the five years of the plan. As a result of Neal’s legal assistance, I was able to make all my plan payments and get a fresh start. I highly recommend that anyone considering bankruptcy to give Neal a call."

E.S., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:22:30+00:00

E.S., Chicago, IL

"Neal Gainsberg represented me in my Chapter 13 case. He knew all the details about bankruptcy and my case, explained everything to me in the beginning, made every issue easy to understand, and provided the help I needed during the five years of the plan. As a result of Neal’s legal assistance, I was able to make all my plan payments and get a fresh start. I highly recommend that anyone considering bankruptcy to give Neal a call."

J.O., Indiana

"Neal Gainsberg at first represented me in a Chapter 13 Bankruptcy case. He explained everything to me and developed a payment plan that I could afford. Whenever I had any questions, Neal responded quickly to any emails or phone calls. Unfortunately, I lost income during my plan, and Neal recommended that I convert the case to a Chapter 7 case. Despite my worries about my finances, Neal made everything easy for me, converted the case, and made sure that I received a fresh start. Neal was very knowledgeable about bankruptcy law, and I highly recommend him as a bankruptcy lawyer."

J.O., Indiana

Gainsberg Law P.C.
5.0
2016-11-21T16:42:07+00:00

J.O., Indiana

"Neal Gainsberg at first represented me in a Chapter 13 Bankruptcy case. He explained everything to me and developed a payment plan that I could afford. Whenever I had any questions, Neal responded quickly to any emails or phone calls. Unfortunately, I lost income during my plan, and Neal recommended that I convert the case to a Chapter 7 case. Despite my worries about my finances, Neal made everything easy for me, converted the case, and made sure that I received a fresh start. Neal was very knowledgeable about bankruptcy law, and I highly recommend him as a bankruptcy lawyer."

M.T.G., Chicago, IL

"Neal Gainsberg took my personal injury claim against large store after I fell on water and injured my knee and back. The store employees disputed that anything happened and the manager accused me and my son, who witnessed the fall, of making it up. Neal brought a lawsuit against the store, took several depositions of the store employees, and obtained a great settlement for me and my family. Neal fought hard on my case, and I was very pleased with the results."

M.T.G., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:18:57+00:00

M.T.G., Chicago, IL

"Neal Gainsberg took my personal injury claim against large store after I fell on water and injured my knee and back. The store employees disputed that anything happened and the manager accused me and my son, who witnessed the fall, of making it up. Neal brought a lawsuit against the store, took several depositions of the store employees, and obtained a great settlement for me and my family. Neal fought hard on my case, and I was very pleased with the results."

N.S., D.S., Chicago, IL

"Neal Gainsberg was our lawyer in a car accident case. We were both injured in addition to our 16 month old daughter. Even though the other driver ran the red light and we had witnesses of her illegal conduct, her insurance company at first denied our claim and said it was our fault. We hired Neal and he fought the insurance company hard. Without having to go to court, he was able to convince the insurance company that it was their driver’s fault. Neal got a great settlement for us and our child within three months of the accident. We were very happy with Neal, he kept us informed about everything, and eased our stress from the accident. If you want an excellent car accident attorney, you need to hire Neal!"

N.S., D.S., Chicago, IL

Gainsberg Law P.C.
5.0
2016-11-21T19:33:43+00:00

N.S., D.S., Chicago, IL

"Neal Gainsberg was our lawyer in a car accident case. We were both injured in addition to our 16 month old daughter. Even though the other driver ran the red light and we had witnesses of her illegal conduct, her insurance company at first denied our claim and said it was our fault. We hired Neal and he fought the insurance company hard. Without having to go to court, he was able to convince the insurance company that it was their driver’s fault. Neal got a great settlement for us and our child within three months of the accident. We were very happy with Neal, he kept us informed about everything, and eased our stress from the accident. If you want an excellent car accident attorney, you need to hire Neal!"
5
11
Chicago BarIllinois BarYelpAvvoBBB
Text Us312-313-1621