When Unnecessary Surgery Constitutes Medical Malpractice in Virginia
A 69-year-old obstetrician-gynecologist, who operated on a total of 510 patients from January 2014 to August 2018, has been jailed for performing “unnecessary surgeries” on unsuspecting patients.
Despite operating room safety protocols and surgical checklists, the number of unnecessary operations in the U.S. continues to increase, with USA Today estimating that up to 20% of all surgeries in some specialties are unnecessary.
Performing unnecessary surgery is a common type of surgical mistakes that constitute medical malpractice. If you fell victim to a wrong-procedure, wrong-site, wrong-patient, or unnecessary surgery, contact our Fairfax medical malpractice attorney at Jones & Rostant, PC.
Virginia Doctor Jailed for Unnecessary Surgeries
Earlier this month, USA Today reported that a Virginia doctor was charged with healthcare fraud for performing unnecessary procedures on unsuspecting patients. The obstetrician-gynecologist from Chesapeake is being accused of scheming to defraud Medicaid recipients by billing for unnecessary surgeries.
One patient had her fallopian tubes removed in an unnecessary operation without her consent. As a result, she is no longer capable of conceiving naturally. Another patient underwent an unauthorized hysterectomy during which her bladder was perforated. As a result of the preventable surgical error, she had to stay in the hospital for six days.
Many other patients in Virginia were coerced into surgery by relying on cancer risks. The ob-gyn operated on 40 percent of his Medicaid beneficiaries in the period between January 2014 and August 2018. Of the 510 patients who underwent surgeries within that period, about 42 percent of them had at least two procedures.
The 69-year-old doctor was charged with making false statements relating to healthcare matters and healthcare fraud. The Virginia obstetrician-gynecologist is being held without bond. The complaint filed against the doctor alleges that many patients were persuaded to have unnecessary surgery every year, while others were not even aware of what procedures were being performed.
Why Do Surgeons Perform Unnecessary Surgeries?
Surgical errors occur as a result of negligent actions or failure to act on the part of the surgeon or another healthcare provider taking part in a surgical operation. If a surgeon or another party deviated from the accepted standards of care when performing the surgery, his or her actions are considered negligent.
Unnecessary surgery is just one of the many different types of negligent surgical errors that can occur. But why do surgeons perform unnecessary surgical operations? A 2017 study by the Journal of Patient Safety outlines two primary reasons why surgeons perform unnecessary procedures:
They have been trained to do so, or they simply do not know better; and
They are motivated by financial gain or notoriety.
Can You Recover Damages for Unnecessary Surgery?
However, not all unnecessary surgeries are considered “negligent” and constitute medical malpractice in the state of Virginia. If a patient suffers an injury or becomes disabled due to a medical procedure that turns out to have been unnecessary, that patient might be entitled to compensation.
Surgery is considered unnecessary if the surgeon misrepresented the need for the procedure or persuaded the patient that other, non-surgical options are not available when, in fact, an alternative treatment would be more effective and appropriate.
A Fairfax medical malpractice attorney can help you prove that your surgeon violated the standard of care by performing useless or unnecessary surgery. In the past, our law firm won a $1.7 million verdict after a biopsy tissue mix-up led to unnecessary mastectomy. Contact Jones & Rostant, PC, to determine whether you have a valid malpractice case. Call at (703) 352-0522.