Understanding Unnecessary Surgery and Your Legal Rights

When a doctor recommends surgery, patients often trust that advice. Discovering later that the procedure was unnecessary can be devastating, causing physical pain, financial burdens, and emotional distress.

If you believe you have undergone surgery that was not medically justified and suffered harm, Simeone & Miller, LLP is here to help. Our Washington, D.C. attorneys offer free consultations to explain your legal options and discuss holding those responsible accountable for their actions. Contact us today to protect your rights and pursue the compensation you are entitled to.

What Is Unnecessary Surgery?

Unnecessary surgery occurs when a doctor performs an operation that is not truly necessary for a person’s health. Sometimes, alternative treatments may be available to resolve the issue without surgery. At other times, the person may not require any medical treatment at all. Having surgery you do not need can put you at risk, make you take longer to heal, and cost you more money.

Common reasons unnecessary surgeries happen include:

Misdiagnosis or incorrect interpretation of medical tests
Financial incentives for doctors or hospitals
Performing surgery for research, teaching, or practice
Overreliance on specific procedures without considering alternatives
Poor communication among medical professionals

Doctors and surgeons must recommend only those procedures that are truly necessary and beneficial. Patients trust medical professionals to weigh all options and provide advice that prioritizes patient safety and well-being. When this trust is broken, the consequences can be life-changing.

Types of Procedures That May Be Unnecessary

Almost any type of surgical procedure can become the subject of an unnecessary surgery claim if performed without sound medical justification. Some examples include:

Spinal fusion surgeries, where conservative treatment might suffice
Cardiac stent placement when medication alone could manage symptoms
Hysterectomies performed without confirming that all other options have been considered
Knee arthroscopies that offer no proven long-term benefit
Bariatric surgeries done without proper eligibility screening
Gallbladder removal performed “preventively” during other abdominal surgery, even when there’s no clear gallbladder problem, to avoid potential future issues

Doctors should base recommendations on careful evaluation of the patient’s specific condition. Performing surgery without this level of diligence can cause harm that might have been avoided.

Losses You Might Suffer After Unnecessary Surgery

An unnecessary surgery can cause more than physical pain. Many patients suffer financial, emotional, and social losses that last long after they leave the hospital. Losses that may arise from such cases include:

Surgical complications, such as infection, nerve damage, or blood clots
Chronic pain from a procedure that was never required
Scarring or permanent disfigurement
Reduced mobility or function after avoidable surgery
Additional surgeries needed to correct prior mistakes
Lost income due to time away from work
Mounting medical expenses for ongoing treatment
Anxiety, depression, or emotional trauma caused by the ordeal

These losses can place a significant burden on individuals and their families. Unnecessary surgeries can profoundly impact every aspect of a person’s life, making it crucial for those affected to seek accountability for the harm they have endured.

Legal Theories and Proving Unnecessary Surgery Claims

Patients harmed by unnecessary surgeries have several legal avenues for pursuing compensation, and negligence is not the only theory that may be applicable.

Negligence forms the basis for many medical malpractice claims. A surgeon may be negligent by failing to consider less invasive options, misreading test results, or recommending surgery without sound medical reasons. Proving negligence means showing that a reasonably careful doctor would have acted differently under similar circumstances.

Medical battery may arise if a doctor performs a different procedure than the one consented to, or if a patient was not adequately informed about risks or alternatives. Lack of informed consent alone can be grounds for a battery claim.

Strict liability can apply if a faulty medical device causes unnecessary surgery. For example, a defective implant might lead a doctor to suggest surgery that was not truly needed. In such cases, the manufacturer may be held responsible even if the doctor exercised due care.

Regardless of the legal theory, these claims rely on complex medical evidence. Patients must demonstrate that the surgery was not necessary and that they suffered harm as a result of it. Important evidence includes:

Medical records detailing diagnoses and surgical plans
Test results, imaging, and lab studies
Expert opinions from physicians in the same specialty
Documentation of overlooked alternatives
Records of complications and follow-up care
Financial and mental health records showing losses

Simeone & Miller, LLP works closely with trusted medical experts and has the resources to build strong cases for clients harmed by unnecessary surgeries.

Statutory Deadline for Filing Unnecessary Surgery Lawsuits

The statute of limitations sets the time limit for filing a lawsuit after an incident of harm has occurred. In Washington, D.C., patients typically have three years from the date of injury or from when they discovered—or should have found—that an unnecessary surgery harmed them.

Delays can put your right to pursue compensation at risk. Even if you are uncertain about your situation, speaking with an attorney can help clarify whether you still have time to file.

Why Legal Representation Matters

Going up against a hospital or doctor’s insurance company alone can feel overwhelming. Doctors and hospitals have legal teams who may deny that the surgery was unnecessary or blame other health issues for your losses.

Simeone & Miller, LLP has the experience and resources to fight back against these challenges. We’ll carefully review medical records, work with experts, and build strong cases for our clients. We handle the legal work so people can focus on getting better, all while giving each client personal attention and clear guidance.

Protecting Your Rights After Unnecessary Surgery

If you believe an unnecessary surgery harmed you, you deserve answers and a chance to hold those responsible accountable. Simeone & Miller, LLP, carefully evaluates medical records, works with trusted experts, and advocates for clients across Washington, D.C.

Our firm has a strong record of success in complex medical malpractice cases. We are ready to assess whether negligence, strict liability, or medical battery applies in your situation and build a powerful case for you.