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Medical Malpractice Claims Resulting From Unnecessary Surgical Procedures

Each and every day, countless people in the United States undergo surgical procedures. Surgeries can alleviate chronic pain, treat an illness or injury, or even alter a person’s physical appearance. No matter the type of surgery, a person who undergoes an operation must go through a recovery period, which is often accompanied by pain, time missed from work, and other hindrances to a person’s normal way of life. If you believe that you may be the victim of an unnecessary surgery by a Philadelphia medical professional, you may be able to recover financial compensation for your damages in the form of a medical malpractice suit. If this is the case, the team of personal injury attorneys at Gilman & Bedigian can help. 

Establishing Negligence After an Unnecessary Surgical Procedure

In order to succeed in a case of medical malpractice against a doctor for an unnecessary surgery, you must be able to prove that the doctor did not live up to the medical standard of care when he suggested or performed the operation. In other words, you will have to prove that a reasonable medical professional faced with a similar set of circumstances would not have recommended or performed the surgery. Proving these facts can establish that a medical professional was negligent in his or her referral or performance of the unnecessary medical procedure. 

Establishing negligence in a medical malpractice case is generally accomplished by hiring another medical professional to testify as an expert witness. An expert witness can be invaluable to a victim’s case, as he or she can provide a professional opinion of whether or not the surgical procedure was necessary given the facts surrounding the case. 

Compensation for Unnecessary Surgical Procedures

Victims of unnecessary surgeries can experience life-changing consequences as a result of the surgery. Luckily, there is an avenue for recourse: a victim may be able to recover financial compensation for the damages he or she has suffered at the hands of the negligent medical professional. A medical malpractice claim against the physician can provide compensation for a wide variety of damages, including: 

  • Medical expenses that the person accrued as a result of the unnecessary surgical procedure; 
  • Income lost as a result of having to miss time from work to recover from the procedure; 
  • Costs of current and future medical care that a person will need as a result of the surgical procedure; 
  • Physical pain that a person suffered after the surgery; and 
  • Emotional trauma that the victim endured as a result of the unnecessary surgical procedure. 

Think You May Be the Victim of Medical Malpractice? Contact Us Today

If you underwent a surgical procedure in Philadelphia that turned out to be unnecessary, the best step that you can take to protect your legal rights is to speak with a qualified medical malpractice attorney as soon as possible. At Gilman & Bedigian, our practice is committed to helping our clients obtain the financial compensation they deserve after enduring a surgery that never should have happened. To discuss the circumstances surrounding your surgery with a member of our legal team, fill out an online case evaluation form or call (800) 529-6162 today. 

About the Author

Briggs Bedigian
Briggs Bedigian

H. Briggs Bedigian (“Briggs”) is a founding partner of Gilman & Bedigian, LLC.  Prior to forming Gilman & Bedigian, LLC, Briggs was a partner at Wais, Vogelstein and Bedigian, LLC, where he was the head of the firm’s litigation practice.  Briggs’ legal practice is focused on representing clients involved in medical malpractice and catastrophic personal injury cases. 


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