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Medical Malpractice
Attorneys And Trained Medical
Professionals

Trust our firm to deliver exceptional client service no matter how complex your medical malpractice case is.

Medical Malpractice
Attorneys And Trained
Medical
Professionals

Trust our firm to deliver exceptional client service no matter how complex your medical malpractice case is.

MEDICAL CLAIMS A TO Z #21 UNNECESSARY-UNINDICATED SURGERY LEE S. GOLDSMITH, M.D., LLB JORDAN S. GOLDSMITH, JD

On Behalf of | Sep 14, 2023 | Medical Malpractice

Sometime ago we received a call from a mother in Idaho informing us that her daughter had received surgery in New York and when they went to their local surgeon they were informed that the surgery and treatment her daughter received was totally unnecessary and was not indicated.

It is very disturbing to hear such an allegation and is often very difficult to prove. The surgeon in Washington was willing to help and confirmed the information he gave to the mother. We found others with a similar story and ultimately brought 56 malpractice suits against the offending physician. We discovered that he had done 300 similar operations. The motivation was simply money. Millions of dollars were involved.

Since then, we have seen multiple instances where unnecessary testing and procedures are performed. It is very difficult to prove that a particular procedure is not indicated. It is very difficult to determine that a particular test was not necessary. However, patterns become apparent.

Complaints do not arise when the procedure is carried out “successfully.” However, when there are complications, the result can be devastating.

The pattern often follows this path.

You are involved in an accident, slip and fall, automobile accident where you have a justified claim. Your attorney refers you to a physician who will do an examination, treat the condition and write a report supporting your injury. Where the problem arises is when the physician sees an opportunity to use your body as a cash machine because (a) you have insurance that will pay for the tests and procedures or (b) has you sign over the rights of your recovery so that payment is ultimately made.

Get second opinions. Do not rush to surgery. Just because the costs of surgery are covered, does not mean that it is necessary. Ask questions and get answers.