Unnecessary Surgery Lawsuit and Medical Malpractice

Medical procedures should be performed with extreme caution and precision and only when absolutely necessary. Unfortunately, there are instances where patients undergo pointless surgeries, harming them emotionally, physically, and financially. You must understand your legal rights and seek justice when medical mistakes occur. Ethen Ostroff Law explains the complexities of medical malpractice and unnecessary surgery lawsuit. We provide insights into recognizing negligence, pursuing legal action, and the role of Ethen Ostroff Law in your quest for justice and compensation. 

What is considered unnecessary surgery?

Every medical malpractice case centers around the notion that healthcare professionals must adhere to specific standards of care. Medical malpractice happens when practitioners violate these standards and cause harm to their patients. One particularly distressing form of medical malpractice is unnecessary surgery. Unnecessary surgeries are those performed when they aren’t medically required or when less invasive alternatives exist.

unnecessary surgery lawsuit

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Unnecessary Surgeries in the United States

The problem of unnecessary surgeries was first exposed Dr. Paul Hawley, Director of the American College of Surgeons, in the 1950s. In 1976, the American Medical Association called for a congressional hearing on unnecessary surgeries, claiming that 2.4 million unnecessary operations were performed on Americans. These procedures cost $3.9 billion and killed 11,900 patients. Today, unnecessary surgeries remain a tragic reality that subjects patients to unwarranted surgical risks. 

A USA Today review of various medical databases and government records revealed tens of thousands of unnecessary surgical procedures each year in the United States. The problem is prevalent in surgeries involving the heart and spine. Another study discovered that up to 30% of specific kinds of surgery could be unnecessary. A Johns Hopkins University School of Medicine study also found that 11% of all surgeries in America were superfluous. 

Top Unnecessary Surgeries in the United States

Unnecessary surgeries harm all patients, even if they do not result in injury or death. Unfortunately, they are commonly performed. Here are the top unnecessary surgical procedures in the country and the risks associated with them: 


  • Blood clots, causing a heart attack 
  • Bleeding 
  • Coronary artery damage 
  • Kidney problems 
  • Stroke


Cesarean sections:

  • Breathing problems 
  • Increased risk of developing fatal blood clots 
  • Increased risks for future pregnancies 
  • Infection caused by the incisions 
  • Postpartum hemorrhaging  
  • Surgical injuries


  • Bladder or bowel damage 
  • Bleeding 
  • Blood clots 
  • Early menopause 
  • Infection 
  • Ovary failure 
  • Ureter damage 
  • Vaginal problems 


  • Bleeding 
  • Infection 
  • Increased risks of vaginal tears later 
  • Pain during sex 
  • Rectal incontinence due to nerve damage 
  • Tearing through rectal tissues and the anal sphincter muscles
can you sue for surgery complications

Spinal fusion and back surgery:

  • Pain where the bone graft is taken 
  • Paralysis and sexual dysfunction 
  • Screws in the spine become loose or break off, needing additional surgeries 

Other common unnecessary surgeries include: 

  • Gallbladder removal 
  • Heartburn surgery 
  • Knee and hip replacement 
  • Pacemakers 
  • Tonsillectomies 
unnecessary surgery compensation

Why do unnecessary surgeries occur?

Understanding the cause is essential for proving negligence in a subsequent medical malpractice lawsuit. Unnecessary surgeries can occur due to a combination of factors, including: 

  • Incompetence. 
  • Inexperience or lack of training. 
  • Fraud or scheme. Doctors conspire to perform unnecessary surgeries as part of a fraud scheme.  
  • Misdiagnosis. Doctors recommend surgery without understanding the true cause of illness rather than a more thorough examination. 
  • Mixed-up medical records. This is a case of mistaken patient identity. Doctors perform a surgery that was meant for another patient. 
  • Understaffing or the doctor having too many patients. 
  • Financial incentives. Medical facilities push for surgeries that generate higher revenue, creating pressure on healthcare providers. Surgeons also perform unnecessary surgical procedures for financial gain. 
  • Overzealous healthcare providers. Some healthcare providers may be overly aggressive in recommending surgery as a solution to medical issues. 
  • Inadequate informed consent. Patients are more inclined to consent to surgery if they don’t completely comprehend the risks and treatment options. 
  • Lack of second opinions. Patients may not seek second opinions, which can provide valuable perspectives on the necessity of surgery. 
  • Defensive medicine. Physicians may sometimes order unnecessary tests or surgeries to protect themselves from potential malpractice claims. 
  • Lack of evidence-based medicine. Healthcare providers do not rely on evidence-based guidelines, leading to unnecessary interventions. 
  • Patient demand. Patient requests for specific treatments or surgeries can influence healthcare providers’ decisions, even when they may not be medically necessary. 

Why do surgeons continue to perform unnecessary surgery?

Several factors can contribute to surgeons performing unnecessary surgeries:

  • Financial Incentives. Surgeons and medical facilities have financial motivations to perform surgery, as surgeries result in higher reimbursements than non-surgical treatments. 
  • Diagnostic errors. Misdiagnosis or misinterpretation of medical tests leads to surgeons believing surgery is necessary when it is not. 
  • Patient pressure. Some patients insist on surgery even when it is not medically necessary due to a desire for quick relief or misconceptions about the benefits of surgery. 
  • Lack of awareness. Surgeons are not always aware of the latest medical guidelines or alternative treatments, leading them to default to surgery. 
  • Medical culture. A culture within a medical facility or specialty prioritizes surgery as the primary treatment option. 
  • Inadequate communication: Ineffective communication between healthcare providers results in unnecessary surgeries and inadequate informed consent processes.

Why is a second opinion necessary?

A second opinion is sometimes the best option for our treatment plan. It helps us:

  • Weigh the risks and benefits of alternative treatment options. 
  • Determine the best treatment option for our condition. 


But a second opinion is not necessarily the right opinion. Seek a second opinion if:

  • You have had surgery, but your symptoms persist. 
  • The recommended treatment is risky surgery with long-term consequences. 
  • You are not satisfied with the diagnosis or the recommended surgical procedure. 
  • Something feels wrong. 
unnecessary surgery lawyer

How does unnecessary surgery affect your life?

The repercussions of unnecessary surgery can be life-altering. Patients may suffer complications, infections, and prolonged recovery times. The trauma of an unnecessary procedure can cause distrust of medical professionals, anxiety, and depression. Furthermore, unnecessary surgeries are financially burdensome.

How do you identify an unnecessary surgery?

To identify unnecessary surgery, look for signs and red flags such as:

  • Discrepancies in medical records and post-operative reports. 
  • Failure to explore non-surgical treatment options. 
  • Lack of a clear medical indication. 
  • Rushed decision-making without obtaining informed consent.

Unnecessary Surgery and Medical Malpractice

Medical malpractice refers to acts of negligence by medical providers. Unnecessary surgery is medical negligence for which injured parties can seek compensation. If a doctor subjected you to unnecessary surgery, you could sue.

How can you tell if you have a medical malpractice case?

For your unnecessary surgery to be considered malpractice, you must demonstrate: 

  • Your surgeon was negligent. 
  • The surgery was unnecessary. 
  • You can support your claims with facts. 
  • Your surgeon deviated from the standard duty of care while performing surgery. 
  • Another competent surgeon would not have performed the surgery.

Consult with an attorney to assess your case. 

What is your legal recourse for unnecessary surgery?

Unnecessary surgery is a common type of medical malpractice. Consult a lawyer who handles medical malpractice cases if you are a victim of unnecessary surgery. An attorney can evaluate the viability of your claims and help you understand your rights and legal options.

What are the damages available from an unnecessary surgery lawsuit?

Damages vary from one case to another. In an unnecessary surgery medical malpractice claim, victims are entitled to these forms of unnecessary surgery compensation: 

  • Emotional distress 
  • Lost wages 
  • Medical expenses for treatment of injuries related to unnecessary surgery  
  • Pain and suffering 
  • Punitive damages in cases of extreme negligence to deter future misconduct 
  • Wrongful death in the event the patient dies from unnecessary surgery 

What are the steps in filing a medical malpractice claim over unnecessary surgery?

  • Hire a medical malpractice attorney. 
  • Your lawyer will collect evidence to support your unnecessary surgery malpractice claim. 
  • Expert witnesses will be consulted to strengthen your case. 
  • Your attorney will send a demand letter to the healthcare provider or their insurer. 
  • Your attorney will negotiate for a fair settlement. 
  • If no settlement is reached, your case will be tried. 
unnecessary surgery lawsuit

Can you sue for surgery complications?

Yes, you can file a medical malpractice claim if you suffer surgical complications because of medical negligence to recover compensation for your losses.

How long do I have to file a medical malpractice lawsuit?

Act promptly if you are a victim of unnecessary surgery. Statutes of limitations restrict the time you can file a lawsuit—missing the deadline results in the forfeiture or dismissal of your case. To protect your rights, speak with a medical malpractice lawyer.

Why is prompt action crucial in unnecessary surgery malpractice lawsuits?

Prompt action is crucial in medical malpractice cases for several reasons, including:

  • Preservation of evidence, as evidence may deteriorate or become inaccessible over time. 
  • Witnesses’ recollections can fade with time. 
  • Statutes of limitations impose time constraints on filing an unnecessary surgery lawsuit.

What evidence do you need to prove your unnecessary surgery malpractice claim?

Convincing evidence is essential in proving medical malpractice lawsuits. To build a compelling case, your attorney will gather the following types of evidence:

  • Medical records. Detailed records of your treatment and surgeries. 
  • Expert opinions. Testimony from medical experts who can validate your claims. 
  • Witness statements. Statements from individuals who witnessed medical negligence. 
  • Photographs and x-rays. Visual evidence of your injuries and procedures. 
  • Expert witnesses. Experts can provide informed opinions about the standard of care, the healthcare provider’s negligence, and the resulting harm. Their testimony can significantly bolster your case in court. 
unnecessary surgery lawyer

Choose Ethen Ostroff Law for Your Medical Malpractice Case

Medical malpractice lawsuits are difficult to win. You can be confident that the doctor’s lawyers and malpractice insurance carriers will vigorously defend him or her. You deserve someone in your corner to fight for your legal rights. 

Ethen Ostroff Law is dedicated to fighting for the rights of individuals suffering from medical malpractice, including unnecessary surgery. Our unnecessary surgery lawyers are ready to provide the legal representation and support you need to obtain justice and unnecessary surgery compensation.  

For your unnecessary surgery lawsuit, you must choose Ethen Ostroff Law because: 

  • Our unnecessary surgery lawyers have a proven track record of success in medical malpractice cases. 
  • We have access to medical experts who can provide valuable insights into your case. 
  • We treat each case with the utmost dedication and tailor our approach to your unique situation. 
  • We understand the emotional toll these cases can take and provide support throughout the process.

If you suffered an injury from unnecessary surgery or other forms of medical malpractice, Contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation. Let us take the first step towards holding negligent healthcare providers accountable.

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