Surgery is supposed to fix a problem. When it is recommended without a proper medical basis, it can create lifelong damage. When healthy tissue or organs are removed without clear medical justification, the impact is immensely difficult to come to terms with. If you believe you underwent an unnecessary mastectomy, hysterectomy, spinal procedure, orthopedic operation, or other surgery, our team is prepared to review your case.
At Breit Biniazan, we represent patients who were harmed by unnecessary surgery, improper surgical procedures, or operations that never should have been performed. Many of our clients agreed to surgery because they were told it was urgent, lifesaving, or their only option. Months later, they discovered that monitoring, medication, or a less invasive approach may have been appropriate. If this sounds like your situation, do not hesitate to contact us at (855) 659-4457 to discuss your legal options.
What Qualifies as an Unnecessary Surgery Malpractice Claim?
An unnecessary surgery medical malpractice claim arises when a surgeon recommends or performs a procedure that does not meet accepted standards of care. In some cases, the issue is not how the surgery was performed. It is whether it should have happened at all.
You may be asking:
- Was my double mastectomy medically necessary?
- Can I sue for unnecessary surgery?
- What if another doctor told me they would not have recommended this procedure?
- Does it matter if I signed a consent form?
Informed consent requires more than a signature. It requires an honest discussion of risks, benefits, alternatives, and qualifications. If imaging, pathology, or genetic testing did not support the recommendation for surgery, or if non-surgical options were not presented, there may be grounds for a medical malpractice claim.
Types of Surgical Negligence and Unnecessary Procedure Cases We Handle
Unnecessary surgery is not limited to one specialty. Our firm handles a wide range of surgical malpractice cases, including:
- Unnecessary mastectomy or breast surgery
- Improper breast reconstruction procedures
- Unnecessary hysterectomy or organ removal
- Orthopedic surgery performed without exhausting non-surgical treatment
- Spinal surgery that was not medically indicated
- Abdominal or gastrointestinal procedures later deemed avoidable
You may have sought care to relieve pain, correct a defect, or reduce the risk of cancer. Instead, you were left facing infections, disfigurement, additional surgeries, or permanent loss of healthy tissue. When surgery goes beyond what was medically justified, accountability is what matters most.
Warning Signs a Surgery May Not Have Been Medically Indicated
Not every complication means malpractice occurred. Surgery carries risk, and even appropriate procedures can lead to difficult recoveries. Patients often come to us after realizing:
- They were told cancer or another serious condition was almost certain without strong diagnostic evidence.
- They felt pressured to decide quickly without time to seek a second opinion.
- Another physician later questioned why surgery was performed.
- They required multiple revision surgeries for preventable complications.
- They learned the surgeon was not board-certified in the specialty required for that procedure.
If you are researching whether you can pursue legal action for unnecessary surgery, the answer depends on whether the recommendation and procedure met accepted medical standards. A thorough review of your records is the first step.
The Long-Term Impact of Unnecessary Organ Removal or Surgical Errors
An unnecessary operation is not just a line item on a medical chart. It can change how someone sees themselves. It can interrupt careers, strain marriages, and create long-term health challenges.
We have worked with clients who now face chronic pain, visible disfigurement, loss of bodily function, and the emotional weight of knowing a surgery may not have been required at all. Others are burdened by medical debt from corrective procedures and extended recovery time.
When surgery removes healthy tissue or leads to avoidable complications, the consequences are deeply personal. That is why these cases fall within the most serious forms of medical malpractice litigation. Breit Biniazan approaches surgical negligence cases with the understanding that the damage extends far beyond the operating room.
How the Law Applies to Unnecessary Surgery Lawsuits
Medical malpractice law allows injured patients to pursue compensation when a healthcare provider fails to meet the accepted standard of care and causes unnecessary injuries. In a medical malpractice lawsuit, the central question is whether a reasonably prudent surgeon would have recommended the same procedure under similar circumstances. These cases often rely on expert medical testimony to evaluate diagnostic findings, treatment options, surgical decision-making, and physician qualifications.
In Virginia, most medical malpractice lawsuits must be filed within two years of the date of the alleged malpractice, subject to limited exceptions (such as certain cases involving foreign objects left in the body or fraud/concealment). Because Virginia’s statute of limitations is strictly enforced with only narrow exceptions, missing the deadline can permanently bar your claim.
Compensation may include recovery for medical expenses, corrective procedures, lost wages, pain and suffering, and permanent injury or disfigurement. Every state imposes deadlines for filing medical malpractice claims, and those time limits can be strict, so acting promptly helps protect your rights. If you are asking whether you have a valid surgical malpractice claim, the first step is a detailed review of your medical records and the reasoning behind the surgical recommendation, ideally with an attorney who handles Virginia medical malpractice cases.
Why Patients Turn to Breit Biniazan for Surgical Malpractice Cases
Breit Biniazan has recovered over $2 billion for clients facing botched or unnecessary surgeries. We prepare every case for trial and build it with the expectation that it will be scrutinized by medical experts and juries.
When someone undergoes a surgery that may never have been necessary, the legal questions are complex. We work with independent specialists to analyze medical records, diagnostic results, surgical notes, and credentialing issues. Our focus is straightforward, we want to determine whether the procedure was justified and whether the standard of care was met.
We do not treat unnecessary surgery cases as routine disputes. We treat them as life-altering events that demand accountability.
Talk to Breit Biniazan About an Unnecessary Surgery Claim
If you or a family member underwent a surgery that you now believe was unnecessary, improperly performed, or outside the surgeon’s qualifications, contact Breit Biniazan for a confidential case review.
Our team will examine your medical records, consult with independent experts, and explain whether you may have a viable claim. There is no fee unless we recover compensation for you.
If you are searching online for answers about an unnecessary mastectomy lawsuit, surgical negligence claim, or medical malpractice lawyer for improper surgery, start by speaking directly with our firm. Let us help you understand what happened and what options are available to you.
