Can a Victim of Elective Surgery Errors Still Bring a Medical Malpractice Case?

Victims of Surgical Errors During an Elective Procedure in St. Paul and Minneapolis May Have a Minnesota Medical Malpractice Claim


A common question is whether a victim of surgical malpractice caused during an elective surgery can commence a medical malpractice action.  This is because most people think of medical malpractice as arising from necessary treatment, such as lifesaving surgeries that go wrong, failing to diagnose a heart attack, and other emergent needs.  But victims who voluntary decide to pursue elective surgery can have claims for Minnesota medical malpractice if they are injured or killed due to a surgical mistake.


Victims of medical malpractice in St. Paul, Minneapolis, Rochester, and anywhere else in Minnesota could be seriously injured or killed during an elective procedure.  It does not matter whether the patient must undergo the surgery or decides to undergo the procedure, anytime a healthcare provider causes mistakes that are below the standard of care, a patient may have rights to protect under Minnesota Law.


Types of Elective Procedures that Can Result in Minneapolis Medical Malpractice


While most people think of plastic surgery or cosmetic surgery when they think of elective procedures, that is only one classification of elective surgeries that a patient could undergo.  More commonly are sport-related injuries, age related degenerations, and quality of life procedures.  All of these types of elective surgeries involve a non-necessary, but beneficial surgery for the patient.


Some common types of elective surgeries that can result in Minnesota medical malpractice include the following:


  • Weight loss surgeries such as bariatric surgery/lap band surgery – these procedures are incredibly involved, effect a massive percentage of a person’s body, and can have many possible places for mistakes;
  • Scar tissue scopes for shoulders or knees – many athletes, as they age, will have developed scar tissue in parts of the body where there are repetitive motions such as the knee or shoulder.  This scar tissue can cause pain, discomfort, a “clicking,” swelling, and even more serious health complications like tendonitis or tendonosis.  Patients may elect to undergo an arthroscopic surgery to remove the scar tissue to restore quality of life.  However these joints are very complex, and frequently there could be serious injuries due to a surgical mistakes.
  • Tonsillectomy – sometimes patients will get sick more than they should due to their tonsils.  While sometimes this becomes a medical necessity, a tonsillectomy for some patients can just improve the quality of life from getting sick 3-4 times a year to 1 or less.  However, tonsillectomies can be dangerous because it is a procedure in the throat near the only airway.  Injuries where are permanent and fatal.
  • Cosmetic or plastic surgeries – procedures such as nose jobs, botox, breast augmentation, muscle/jaw implants, and other procedures can also result in medical malpractice which a victim has rights to commence an action for.


Victims Injured in Elective Surgeries in Minnesota Have Rights, and May Be Able to Commence a Medical Malpractice Case


If you or a loved one have been injured due to the medical malpractice of a healthcare provider such as a doctor, nurse, hospital, or other health care service professional, call Kuhlman Law, LLC for a FREE consultation by dialing (612) 444-3374 to learn what your rights to compensation may be.  If we accept your case, we will conduct a thorough review of your case and advise you whether there may have been a serious medical mistake causing your injury.   There is no risk, and you do not owe us money unless we win your case.

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