What are my rights regarding unnecessary varicose vein surgery?

UPDATED: Sep 30, 2022

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What are my rights regarding unnecessary varicose vein surgery?

I was only informed of one method when I discovered there were two. Laser with no surgery, and stents with surgery. I am having complications with the surgery. Blood clot currently in my thigh, swelling, pain new veins. I did research afterwards on clinical trials and celibacy is required. I was not told about this. The stents are in a small vein in my lower abdomen. I am concerned for my well being. I am worse off for having this surgery, I did not have DVT or bulging veins or blood clots, had one vein in one leg but now I have multiple symptoms I didn’t have before the surgery.

Asked on August 9, 2016 under Malpractice Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If a doctor recommends the wrong surgery or procedure, given a patient's lifestyle and symptoms, or fails to advise a patient of the alternatives (which can also effectively mean not getting informed consent), the doctor may have committed malpractice. That could make the doctor liable for any negative consequences of the procedure performed. That liability could include having to pay for additional medical procedures to correct the problem and providing compensation for loss of life function or enjoyment. Based on what you write, it would be worthwhile for you to consult with a medical malpractice attorney, so see how strong your case is, what it might be worth, and what it would cost to pursue it. Many such attorneys will provide a free initial consultation to evaluate a case; you can ask about that before making the appointment.

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