Do I have a case for unnecessary surgery

An unnecessary surgery can constitute a medical malpractice claim in some cases. However, a surgeon can perform surgery for a medical concern and when it turns out that the surgery was unnecssary that does not necessarily mean that malpractice was involved. All surgical procedures contain a certain element of risk. One test for medical malpractice is when a health care provider negligently treats a patient and causes either injury or death. A health care provider is negligent if he or she fell below the "standard of care." In other words, the test for negligence is, "Would another physician with the same training, care and skill provide the same care?" Did your surgeon ignore other options before choosing surgery? You could check with a medical malpractice attorney in your area and provide them with the full facts of your case and they can advise you from here.