According to a medical journal from 2017, physicians reported that more than 20% of overall medical care was unnecessary, including about a quarter of tests, more than a fifth of prescriptions, and over a 10th of procedures. When asked why physicians were ordering unnecessary care, the most common reason cited was the fear of being sued for malpractice. Ironically enough, Cardaro & Peek has obtained millions of dollars for clients involved in unnecessary surgery claims. Read on to learn more.
Proving Medical Negligence
To sue for medical malpractice, you must first prove that the physician was negligent when he or she ordered the surgery. Proving negligence involves obtaining all medical records relating to the treatment in question and hiring a medical expert to provide an opinion as to whether the physician was negligent or not. In some situations, such as if the physician operates on the wrong body part, a medical expert is not needed. It’s important to prove that the surgeon diverged from the standard duty of care while performing the surgery and that another capable surgeon in a similar situation would not have made the same call.
Collecting Damages from Unnecessary Surgeries
All surgeries involve inherent risk, and patients that survive unnecessary surgeries often face a difficult road to recovery. Aside from medical and physical hurdles, patients are also burdened with financial obstacles amassed from medical bills and lost wages. Filing a claim allows patients to collect damages and to recover financially and mentally from a traumatic unnecessary surgery. Patients can also recover non-economic damages to assist with pain and suffering and loss of enjoyment of life caused by the physician’s negligence.
Contact The Law Offices of Cardaro & Peek, LLC Today
Have you suffered physically, mentally, or financially from an unnecessary surgery? The attorneys at Cardaro & Peek would like to review your case and help you and your family recover.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our websitewww.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.