Recovering Compensation After an Unnecessary Surgery
Although these events do not occur at all medical facilities, a surgeon can still perform an unnecessary surgery and cause harm to a patient. If you have experienced an unnecessary surgery, you can develop painful complications, deal with unpleasant side effects, or experience a new or worsening condition.
In these situations, you may be eligible for compensation through a medical malpractice lawsuit against the at-fault surgeon. By filing your claim, you can recover damages for additional medical expenses, lost wages, pain and suffering, and other losses.
To prove your right to compensation following an unnecessary surgery, however, you will need to show that the surgeon breached his or her duty of care and caused harm to you as a result. You will need to gather enough evidence to prove the following four facts.
- The surgeon owed you a duty of care.
- The surgeon breached his or her duty of care by performing an unnecessary surgeon.
- The surgeon’s breach of duty caused your injuries.
- You sustained damages as a result of the surgery that you can collect in your lawsuit.
These elements can be difficult to prove, especially if the surgeon argues that the surgery was necessary. A medical malpractice lawyer can help you fight against these claims and gather the evidence you need to establish your right to compensation. For example, your attorney can consult with an expert medical witness who can testify on your behalf.
