Surgical Misdiagnosis – a form of Medical Malpractice
Statistics on Surgical Misdiagnosis
- Up to 30 percent of surgeries performed are not medically necessary (National Institute of Health).
- In the 75 largest counties in the United States, 50 percent of malpractice lawsuits filed were against surgeons. (RightDiagnosis.com)
- Surgery itself carries a high risk of complications. The most common complications of any surgery are wound infections, pulmonary problems and urinary tract infections (Medical News Today).
Involved in a Surgical Misdiagnosis Case?
A surgical misdiagnosis is a form of medical malpractice and may refer to one of two primary circumstances. In some cases, a doctor inaccurately diagnoses a patient and prescribes a surgery that is completely unnecessary. In other instances, a doctor correctly prescribes surgery but inaccurately diagnoses the patient during the surgery, which can result in inappropriate treatment. In either case, the doctor’s mistake puts the patient’s health at risk.
If you or someone you know was a victim of surgical misdiagnosis, you may benefit from speaking with a qualified attorney. Lawyers with experience in cases of surgical misdiagnosis may be able to help in the following circumstances:
- Cases in which doctors prescribe and/or perform unnecessary surgery
- Cases in which a doctor removed a healthy organ or failed to remove a diseased organ during surgery
- Cases in which a doctor misdiagnosed a patient during surgery (i.e. overlooked cancer, etc)
What Does a Surgical Misdiagnosis Lawyer Do?
A lawyer with experience in cases involving surgical misdiagnosis may be able to help you in a variety of ways. After you hire such an attorney, he or she will begin by reviewing the medical records associated with the surgery to determine whether an error was made. He or she may also ask a neutral medical professional to review the records and provide an analysis.
If the attorney determines that the surgeon made an error, by either prescribing the surgery or misdiagnosing the patient during the surgery, he or she will proceed by filing a lawsuit against the parties responsible. During the lawsuit, the lawyer will help you prepare for the trial, negotiate with the opposing legal team, represent you in court and do anything else in his or her power to ensure that you win the largest possible settlement. Depending on the nature of the misdiagnosis, you may be entitled to compensation for medical bills and/or punitive damages.
Find a Surgical Misdiagnosis Lawyer
If you or someone you know experienced a surgical misdiagnosis, it is important to consult a qualified attorney as soon as possible to discuss your legal options. To compare the competency levels of candidates in your area, you can review the statistics found on the Injury Lawyer Database. If you need any additional help, feel free to contact us for more information.