Proving the Necessity of Surgery in an Auto Accident Claim
An auto insurance adjuster might argue that some of your treatments were unnecessary if you submit an auto accident claim. Such arguments are especially likely with expensive treatments, such as medical surgeries. Thus, you might have to prove your surgery's necessity to get your compensation. Below are some circumstances that might necessitate surgery after an accident.
Nonsurgical Methods Have Failed
Surgeries are expensive and risky. Thus, doctors often prioritize non-invasive treatments over surgeries. For example, nonsurgical treatments for lower back pain include:
- Medication, such as pain relievers and muscle relaxants
- Back braces
- Acupuncture
- Massage
However, these treatments don't guarantee success. Your doctor might prescribe surgery if the nonsurgical methods have failed. Maybe you have been getting alternative treatments for a long time, but your injury is not improving or is even worsening.
The Surgery Can Improve Your Life's Quality
Auto accident injuries can affect your life's quality in multiple ways. The effect is even greater for those who suffer permanent disabilities. For example, say have partial paralysis, and:
- You struggle to prepare your kids for school every morning
- You cannot drive your car as well as you used to do before the accident
- You cannot enjoy the hobbies you enjoyed before the accident
Your doctor might recommend surgery to improve your life even if you don't completely recover. If the injury has confined you to a wheelchair, a surgical procedure is worthwhile if it can enable you to walk again.
The Chances of Success Are Reasonable
Few medical procedures have guaranteed results. A surgical procedure makes sense if the chances of success are reasonable. For example, studies show that spinal fusion surgery can improve your back pain by 60% to 70%. An average person would take that chance if they were dealing with debilitating back pain.
The Benefits Outweigh the Risk
As explained above, most medical procedures have their pros and cons. For example, you can suffer postsurgical infections, nerve damage, or anesthesia complications after surgery. However, the risks shouldn't make the defendant claim your surgery was uncalled for if the benefits are enormous.
The Alternative Is Worse
An auto accident can also leave you with severe injuries the risk of death if you don't undergo immediate surgery. Consider the example of brain hemorrhage, where the blood bleeds into the brain. In extreme cases, the condition can deny your brain of vital oxygen, leading to death. In such a case, your doctor may prescribe head surgery to stop the bleeding.
The Surgery Is Viable for You
Surgical risks vary by patient. That is why doctors screen their patients to ensure they are suitable candidates for proposed surgeries. For example, you may be a good candidate for surgery if:
- You don't have dangerous preexisting medical conditions
- You are psychologically prepared to deal with the potential conditions
- You can get the postoperative care necessary for your condition
You should get the surgery in such a case because you are likely to reap its maximum benefits.
The SOP Supports the Surgery
Healthcare providers have standard operating procedures (SOPs) for different cases. An average doctor knows when the SOP calls for medication, physiotherapy, or surgical intervention. The doctors also know when to deviate from the SOP since medical conditions are not always similar. Thus, you can argue that your surgery was necessary if the case's SOP supports it.
Hopefully, the information above can help you prove that you deserve the damages in your case. Wegner & Associates has practiced auto accident law for decades. We have the skills and experience to help you get the compensation you deserve after an injury. Contact us for a no-obligation consultation on your auto accident case.