Futterman, Sirotkin And Seinfeld, LLP
Futterman, Sirotkin And Seinfeld, LLP

Experienced litigation attorneys
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What expectations should you have for your surgery?

On Behalf of | Feb 11, 2017 | Surgical Errors |

As a consumer in Kew Gardens, you may be accustomed to walking into business establishments and seeing signs conveying the message “Satisfaction Guaranteed.” Hospitals and medical centers are also businesses, yet they tend to not make such promises. Why is that? Your satisfaction with your treatment is indeed something that healthcare providers value, yet your not being happy with the results of a procedure may often not be enough to warrant a medical malpractice claim. This raises the question of whether or not there should be any expectation of results when you do you receive care.

The answer to that question may come down to knowing if provider negligence or error contributed to unsatisfactory surgical results. However, how are you supposed to know that? One way may be to look into how often the procedure in question is performed at the facility where you received treatment. Study results shared by CNBC regarding the occurrence of hospital readmissions following hip- and knee-replacement surgeries showed that facilities where more than 200 of these procedures were performed annually had a lower readmit rate than hospitals where fewer procedures were conducted.

While your case may not involve a hip- or knee-replacement, the message taken from these statistics may be that facilities (and, by extension, the providers that work therein) are not as adept with certain procedures are they are with others. While providers may exert all of their efforts in performing new procedures, if they are unfamiliar with them, their ability to deliver positive results may be limited. In such a case, you might expect them to refer you to a more experienced physician. If that does not happen, however, and you later discover that such a referral should have been offered to you, then you may be legally justified in initiating action.