Not All Elective Surgery is a Choice
Elective surgery carries a lot of negative weight in our society, but the term doesn’t mean what you think it means. Any non-urgent or non-emergency surgery is considered elective. To use a simple example, let’s say you find a mole on your shoulder. You can elect to have it removed – a minimally invasive procedure – because you don’t want to take any risks of developing skin cancer.
A recent story from Florida highlights how elective surgery may sometimes be necessary. Three women are suing Dr. Loren Clayman and the Riverside Plastic Surgery Clinic for medical malpractice and negligence. The women suffered poorly performed implant surgeries and underwent multiple revision surgeries at Clayman’s hands. According to New4 Jax, “The women said the doctor would do the follow up surgeries for free – blaming the manufacturer of the implants for the problem – and would bill the manufacturer for the surgery by citing the implant’s warranty.”
This story is part of our collective consciousness; everyone has heard about botched implants and seen the results of poorly performed facelifts. However, none of these women wanted multiple revision surgeries; they were made a medical necessity because of an act of malpractice.
Asking for surgery doesn’t make it unnecessary
Health insurance providers often cover elective surgeries when there is a demonstrable medical necessity for an operation. For instance, implanting a pacemaker is considered an elective surgery, but because it corrects a medical condition, insurance companies foot the bill. If you are unsure whether or not a procedure is covered by your health insurance, the best thing to do is start a dialogue with your insurance provider.
While cosmetic surgery isn’t generally covered, individual circumstances can change that. Breast reductions can reduce back pain, tummy tucks can cure recurring fungal infections under skin folds, and myomectomies and hysterectomies can prevent intense pain and heavy bleeding. Proving medical need requires a doctor to sign off on your condition. Insurance companies are legally obligated to act in good faith; when you are in pain because of a physical condition, they are obligated to provide coverage in keeping with your plan.
Elective surgery means you have time to find the right doctor
An important part of your elective surgery is choosing the right doctor to perform procedure. Unfortunately, there is still no searchable federal database that can give you an accurate picture of a care provider. The best way to find a surgeon is the old way; talk to your doctor, ask for referrals, and ask lots and lots of questions. Hopefully, taking these steps will help save you the pain and suffering that those three women in Florida were subjected to.
When doctors fail to adhere to an expected quality of care, it is the patients who suffer. If you or someone you know has been the victim of medical malpractice, you may be entitled to compensation. The experienced South Carolina medical malpractice attorneys at McGowan, Hood, Felder & Phillips LLC can evaluate your case and help get you the compensation you deserve. Contact us today for a free consultation.
Randy is the former President of the South Carolina Association for Justice. He has been certified by the American Board of Professional Liability as a specialist in Medical Malpractice Law which is recognized by the South Carolina Bar. Randy has also been awarded the distinction of being a “Super Lawyer” 10 times in the last decade. He has over 25 years of experience helping injured people fight back against corporations, hospitals and wrong-doers.
Read more about S. Randall Hood