When Is An Unnecessary Surgery Malpractice Under Texas Laws?

Have you or a loved one recently undergone surgery in Texas that resulted in injuries or complications from a procedure that was not indicated as best practice? Have you or someone close to you had to suffer through unforeseen consequences following a surgical or invasive procedure that was later determined to be unneeded? Are you having trouble getting the help you need after a medical professional that you relied on let you down? In situations such as these, you should consult an experienced medical injury lawyer to review your medical history and determine if you have a claim under Texas law.

Surgical Errors Are More Common Than You Think

While complications from surgeries are often unforeseen, not all cases are a result of medical malpractice. However, according to WebMD more than 4,000 surgical errors each year are preventable. One such area of malpractice would be the performance of medically unnecessary surgical procedures.

USA Today reports that 10-20% of all surgeries of some specialties are considered unnecessary. Any procedure that is not reasonable, not needed, not indicated, or considered to not be in the patient’s best interest is considered to be medically unnecessary. 

Oftentimes, surgeries are the result of tests, screenings, or labs that were ordered that were never needed, resulting in never events. For instance, undergoing an EKG or other cardiac screenings when the patient is considered low risk can result in false positives. These false positives can then lead to unnecessary medications with severe side effects or unnecessary invasive procedures. 

The Most Common Unnecessary Surgeries

The most common types of unnecessary surgical procedures are pacemakers, heart stents, back surgeries, knee or hip replacements, hysterectomies, radical prostatectomies, gallbladder removal, cesarean sections, and tonsillectomies. This list is not all-inclusive and you may still have a case under Texas Law. It is important to contact our law firm to discuss your case in greater detail to determine if you qualify for compensation.

The Financial Incentives Behind Unneeded Operations

Studies have shown that many of the unnecessary medical procedures that occur are a result of financial incentives to the physician and surgeons recommending the treatments. According to surgeons themselves, there are two primary reasons for unnecessary surgeries: because they have been trained to do so and/or they have been incentivized to do so. Those incentives include financial gain, renown, or both. They are encouraged by an incentive-based system to perform these procedures which can result in unforeseen consequences that lead to lifelong issues for the patient. 

If A Surgery Was Poorly Indicated, It May Be Malpractice

When we trust our care providers with our health and mistakes are made, it is the patient who suffers. Surgeries based on poor data or bad decisions may be considered negligent actions in the eye of the law. When these mistakes are made doctors, nurses, and other health professionals commonly deny the mistake and avoid liability, as they have been taught to do. Even worse, attempts may be made to conceal the mistake which can lead to worsening conditions for the patient. 

Texas law has a statute of limitations on personal injury and medical malpractice claims. This limitation has been set at 2 years from the date of the injury or the date the injury was discovered. Texas also has certain requirements that must be met in order to be considered malpractice and can be difficult to prove due to the complexity of the malpractice and Tort laws. 

Most medical malpractice suits are very difficult to prove in the state of Texas due to the current laws. A trusted representative like Hastings Law Firm can make sure that all these things are covered so that you or your loved one have the best case so you can get the justice you are owed. 

If You Suffered An Unnecessary Surgery, You Need A Skilled Medical Attorney Handling Your Claim

If you or a loved one have recently undergone an unnecessary surgical procedure resulting in injury or been the victim of what you believe to be medical malpractice, then call Hastings Law Firm today for a free consultation and case review. Our medical injury attorneys know how to litigate such cases efficiently and successfully, having done so for hundreds of injury victims across Texas.

You deserve to have one of the best Texas unnecessary surgery lawyers on your team. Hastings Law Firm will fight hard for you or your loved one every step of the way to get you the justice and compensation you deserve.  


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