UNNECESSARY SURGERY


Cincinnati Medical Malpractice Lawyer and Ohio Hospital Negligence Attorney Represents Injured Plaintiffs Nationwide
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In a growing area of medical malpractice litigation, injured plaintiffs and hospital negligence attorneys are filing unnecessary surgery lawsuits. Doctors and hospitals have been allegedly churning costs for patients and presenting unnecessary risks of surgical complications.

Vascular stents and leg stents have reportedly been over-utilized by many physicians and in turn have lead to unnecessary surgical procedures. Such unnecessary surgery, when other less invasive care is not considered, drives up medical costs for patients and raises the health risks, as surgery complications can include infection and the need for further procedures.

Joe Lyon is an experienced Cincinnati, Ohio medical malpractice lawyer and healthcare whistleblower attorney reviewing cardiac surgery injury, leg stent complications, and unnecessary surgery lawsuits.


Unnecessary Heart Stents & Cardiac Injury


In some medical reports, according to plaintiffs, doctors made misleading statements to justify their cardiac procedures as necessary. One study suggests that in over 40 percent of cases, doctors did not attempt to prescribe medication and lifestyle changes before choosing to place a heart stent. According to national treatment guidelines, cardiac stent placement is only recommended in patients whose arteries are around 70 percent blocked.

A study recently released in The Journal of the American Medical Association (JAMA) notes that heart stents do not benefit most stable coronary artery disease patients, and could be considered unnecessary. The risks of common artery blockages may have been overblown in years past, as medical experts now say most patients will not see any significant improvement or reduction in preventing heart attacks or strokes.

Many Americans suffer from angina, and heart surgeons have been inserting coronary stents into blocked arteries to increase blood and oxygen flow to safe levels. However studies have found that heart stents may not have any significant impact on the long-term health of patients with coronary artery disease. Unnecessary Heart Stent lawsuits may be filed in the following cases:

  • The procedure directly lead to a heart attack or death after stent placement
  • Patient has suffered an injury related to heart stent placement
  • A patient was not offered other less-invasive alternatives like medication and lifestyle changes

Unnecessary Cardiac Surgery & Defective Stents


For any patient to suspect unnecessary cardiac procedure, it is prudent to contact a medical malpractice attorney to investigate. The Lyon Firm can obtain medical records and work with industry experts and cardiologists to determine the root cause of a cardiac injury. Compensation may be sought and lawsuits may be required to recover medical costs and damages.

Along with medical malpractice, defective stents may also be a cause of cardiac injury. Stent recalls have initiated in years past, including the Taxus heart stents, of which over 100,000 were recalled due to concerns with side effects. Abbott also recalled heart stents in 2017 after several injury reports. The FDA reported a risk of the following:


Unnecessary Surgery Whistleblower Lawsuits


Critics say the American health care system is designed to profit from patient visits. This helps to explain why unnecessary heart stents and leg stents have been placed in patients that may not benefit from the surgery.

Each procedure can churn a profit with doctors charging, and in turn using medical devices in the process. Medicare and other insurance agents are charged for medical costs, raising the health risks for patients, and raising the medical costs for everyone.

Recent studies in the Journal of Vascular Surgery highlight a systemic problem in the healthcare system where doctors perform unnecessary medical procedures for a myriad of reasons. Physicians may be receiving kickbacks from medical device companies for using their products. Doctors may also be unintentionally raising health risks because certain procedures have become so commonplace.

Unnecessary vascular surgery and leg stent operations have been identified as being performed far more than may necessary. Other operations that may not be completely necessary includeLasik Surgery Error, back and spinal surgery, and joint replacement surgeries.

High rates of unnecessary cardiac and leg stent surgery have been reported by medical data as well as by whistleblowers within the medical industry. Healthcare whistleblowers who come forward and are able to identify hospitals and individual doctors who take advantage of government services like Medicaid and Medicare can be rewarded handsomely.


Can I Sue For Unnecessary Surgery?


The short answer is Yes. However, a full investigation will be needed. The Lyon Firm has the resources to hire experts in the medical industry to help build the strongest possible case in any leg stent or coronary stent injury.

There can be many reasons why an unnecessary surgery was performed. Patients who have been injured in any angioplasty malpractice incidence can seek compensation through legal action.


Unnecessary Medical Procedure Injury


Doctors perform surgery in many cases because they have been trained to do so. Maybe they are confident in their abilities and do not fully consider certain post-op risks. Less often, doctors have monetary incentives involved when medical device companies reward physicians for using products necessary in leg stent and heart stent procedures.

Leg stent and cardiac surgery complication risks may include stroke, hemorrhaging, infection, damage to tissue and organs, anesthesia error, and revision surgery risk. Surgical malpractice lawsuits can be filed when in injury occurs, when a doctor or surgeon fails to warn of the potential risk, or when less invasive medical options available are not used.

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A Voice for Those who have suffered 

Why are these cases important?

 When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Medical malpractice lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care. 

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Questions about Medical Malpractice

What is a Medical Malpractice Lawsuit?

Hospitals, medical staff, nurses and doctors are responsible for providing proper patient care. When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties.

Without medical malpractice laws, medical mistakes would go without consequence, patients would be uncompensated for preventable injuries, and medical providers would have less incentive to improve the medical system to prevent future injuries.

Despite the reports discussed above, frivolous claims brought by medical malpractice attorneys and runaway juries have been blamed as causing a medical crisis. There is no medical malpractice crisis, it is simply propaganda created by the U.S. Chamber of Commerce and large insurance companies to pollute the American jury pool and change the law in a manner that is favorable to them and adverse to the average American. And sadly, it has worked.

Currently, 90 percent of juries side with the physician over the patient at trial. As a result, insurance companies are bolder than ever and refuse at times to settle even the most meritorious of cases knowing that the chances of the patient finding a fair and impartial jury is extremely low, especially in more conservative parties of the country such as Hamilton County, Ohio.

What is a “Never Event” in Hospital Care ?

The Deficit Reduction Act of 2005 required that conditions be identified that (a) are costly and occur at high rates, (b) are assigned as cases to the Diagnosis-Related Group, and (c) could have ultimately been prevented with appropriate care. These hospital-acquired conditions occur as negligence on the part of hospital staff and often result in a multitude of medical malpractice lawsuits.

Conditions that meet the three requirements for identification:

What if a hospital makes me an offer directly?

Many hospitals and physicians are taking proactive approaches to resolve viable medical malpractice claims by approaching patients who do not have legal counsel. The “family meeting” presentation will include deterring patients from seeking legal counsel. This is a very concerning development in the course of medical liability and risk management.

We strongly advise patients not to engage in “family meeting” settlement negotiations without an experienced Cincinnati medical malpractice lawyer present. Hospitals and physicians have lawyers who are specialized in medical malpractice claims advising them on how to approach the case, and it is only fair that the patient is afforded the same benefit of qualified counsel.

The “family meeting” practice of settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits the negligent hospital.

Do not be deterred by a hospital representative implying that the case will be compromised if you seek counsel. While attorney fees will need to be paid, those costs should not be a deterrent. The Lyon Firm adopts a lower contingency fee structure and offers hourly rates for cases that can be resolved without litigation.

If the parties wish to resolve the matter, having qualified counsel on both sides is beneficial to the process. The goal should be a settlement where both parties are satisfied, not a case where the hospital pays substantially less than the fair value of the claim.

There are numerous issues that need to be considered before settling a medical malpractice case, and you should know what the fair value of the claim is before accepting a settlement.

The hospital knows the fair value having been involved in other cases. You as the patient should work with counsel who has successfully worked on other cases and can advise on the appropriate risk of future litigation and settlement value.

If a hospital is approaching you or a family member about a settlement without a Cincinnati Medical Malpractice lawyer, please call (800) 513-2403 for a free consultation.

Why hire the Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Medical Malpractice Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Medical malpractice lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence cases.  The cases have involved successfully litigating against some of  the largest companies in the world

Your Right to Safe healthcare

Watch our Video About the Legal Process

A recently published study titled, A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care, estimated that 210,000 hospital patients die each year from medical mistakes that could have been prevented.

This places medical malpractice as the third leading cause of death in the United States after heart disease and cancer. Further, the Office of The Inspector General estimated 180,000 deaths per year are due to medical mistakes. And a Study from Journal of Patient Safety estimated that the number of preventable deaths is between 210,000 and 440,000.

Incredibly, the Wrong Site Surgery Project Study found that national incidence of wrong site surgeries, which includes wrong patient, wrong procedure, wrong site and wrong side surgeries, may be as high as 40 per week. 

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law. 

FAILURE TO DIAGNOSE BOWEL OBSTRUCTION

WRONGFUL DEATH

(Cincinnati, Ohio):  Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley.  The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.

FAILURE TO DIAGNOSE BREAST CANCER

$910,000 Settlement.

(Cincinnati, Ohio):   Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged  future accountability.

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