Joseph Ginarte, a Medical Malpractice Lawyer Serving N.Y. and N.J., Says New USA Today Report Shows Patients Frequently Undergo Unnecessary Surgeries

July 12, 2013

People who endure operations that were not needed might be entitled to compensation in a medical malpractice lawsuit, says the founder of Ginarte O’Dwyer Gonzalez Gallardo & Winograd, a personal injury law firm with offices in New York and New Jersey.

Newark, N.J. (PRWEB) July 12, 2013

With recent news reports indicating that tens of thousands of people undergo unnecessary medical procedures each year, malpractice lawyer Joseph A. Ginarte said today that in many instances this amounts to a form of medical malpractice.

“When a doctor or hospital performs and bills patients for an unnecessary medical procedure – whether intentionally or out of incompetence – it can be a form of medical malpractice,” said Ginarte, the founder of Ginarte O’Dwyer Gonzalez Gallardo & Winograd, a medical negligence law firm that serves New York and New Jersey. “All surgeries carry some degree of risk, so unnecessary operations present a real danger to patients and must be taken seriously by the medical community.”

A review of government records and medical databases chronicled by USA Today in a June 20 article found that tens of thousands of times each year, patients undergo surgeries that aren’t needed. The newspaper reported that unnecessary operations may account for 10 to 20 percent of all surgeries in some specialties, including cardiac procedures such as stents, angioplasty and pacemaker implants, as well as many spinal surgeries. The article was titled “Doctors perform thousands of unnecessary surgeries.”

Some doctors are motivated by money, getting insurers to pay for these unneeded operations. For example, the USA Today analysis found that 10 percent of all spinal fusions paid for by Medicare in 2011 were not necessary, resulting in $157 million in improper payments. Other unneeded procedures take place because doctors lack the competence or training to know when a surgical procedure can be avoided, according to USA Today.

“While most doctors have proper training and their patients’ best interests at heart, unfortunately, there are some who do not, and their patients pay the price in so many ways,” Ginarte said. “These doctors must be held accountable for their negligence, and the best way to do that is to thoroughly investigate and make a claim for medical malpractice.”

USA Today analyzed data from the U.S. government's National Practitioner Data Bank public use file, which tracks malpractice suits. The newspaper reported that more than 1,000 doctors have made payments to settle or close malpractice claims in surgical cases that involved allegations of unnecessary or inappropriate procedures since 2005. The article said that it is likely that these malpractice cases, which can be settled with no admission of wrongdoing, represent just a fraction of cases in which people got surgery that wasn't needed, and there's no way to know the total number.

“The USA Today analysis is most likely just the tip of the iceberg when it comes to unnecessary surgeries and the harm they cause,” Ginarte said. “Getting a second opinion can help put a stop to this, but not everyone has the opportunity to get a second opinion.”

Ginarte urged patients who believe they may have undergone an unnecessary procedure to protect their rights by contacting a qualified medical malpractice lawyer who can review their medical records, consult with medical experts and take steps to seek compensation and hold those who perform unnecessary procedures responsible.

“At Ginarte O’Dwyer Gonzalez Gallardo & Winograd, we have more than 150 years of combined legal experience to help people put their lives back together in the wake of medical errors,” Ginarte said. “Medical malpractice cases generally require a lengthy and in-depth investigation of the patient’s medical situation. We have a team of medical and legal experts who work together to determine if proper medical care was rendered and help malpractice victims get the compensation they deserve.”

About Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP

For more than 30 years, Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP, has served the residents of the New Jersey and New York metro area. The firm assists clients with legal claims arising from medical malpractice, car accidents, truck accidents, motorcycle accidents, construction accidents and other personal injury cases. The firm also represents clients in employment discrimination, Social Security Disability and workers’ compensation matters. The Ginarte law firm features offices located in New York City, Queens, Newark, Elizabeth, Clifton, Union City and Perth Amboy. The firm’s Newark office is located at 400 Market Street, Newark, NJ 07105 (local phone (973) 854-8400). The firm can assist Spanish-speaking and Portuguese-speaking clients. To learn more, call 1-888-GINARTE or use the firm’s online contact form.

For the original version on PRWeb visit: http://www.prweb.com/releases/NY-NJ-medmal-lawyer/unnecessary-surgeries/prweb10921619.htm

Source: prweb

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