For 35 years, Oshman & Mirisola, LLP has treated each and every case as if it was the most important one in the firm. Our goal is to make the litigation process as easy for you as possible, and we accomplish that by maintaining open lines of communication. We are always available to speak to you about your case.

We have grown to become one of the preeminent law firms in the area of medical malpractice, and we understand you might have some questions about what to do before you agree to have surgery. The attorneys of Oshman & Mirisola, LLP have created a list of 10 questions you should have answers to before undergoing any surgical procedure.

Do I really need an operation? Find out why you are having surgery. There are many reasons to have it: to relieve pain, reduce symptoms of a problem or improve a certain body function. Make sure you understand how the proposed operation will help fix your medical problem. If something is going to be repaired or removed, be sure to find out why it needs to be done.

What operation is being recommended? Ask your surgeon to explain the surgery, and how it is done. Ask him or her to explain the steps, and to draw a picture or diagram if necessary. Be sure to find out whether or not there is more than one way to do an operation, and why this specific procedure was chosen over the alternatives.

Are there alternatives to surgery? Ask your doctor about medicines and treatments other than surgery, such as a change in diet or special exercises that might help. Another alternative may be watchful waiting. During a watchful wait, you and your doctor should check to see if your problem gets better or worse over time. If it gets worse, you may need surgery. If it gets better, you may be able to wait to have surgery, or not have it at all.

How much will the operation cost? Though health insurance may cover much of the cost, there may be some costs you will have to pay. Before you have the operation, ask what your surgeon’s fee is, and what it covers. Also, call your insurance company to find out what’s covered, and what share you will have to pay yourself.

What are the benefits to having the operation? Ask your surgeon what you will gain by having the operation, and how long the benefits are likely to last. For some procedures, it is not unusual for the benefits to last for a short time only. There might be a need for a second operation at a later date. For other procedures, the benefits may last a lifetime.

What are the risks? All operations have some risk, which is why it is important to weigh the benefits of the operation against the risks of complications or side effects. Typical complications include infection, too much bleeding, reaction to anesthesia or accidental injury. Some people have a greater risk of complications because of other medical conditions. There also may be side effects after the operation. Ask your surgeon what side effects to expect. For example, there may be swelling and soreness around the incision. There is almost always some pain with surgery.

Where can I get a second opinion? Getting a second opinion from another doctor is a very good way to make sure that having the operation is the best choice for you. You can ask your primary care physician for the name of another surgeon who could review your medical file. If you consult another doctor, make sure to get your records from the first doctor so that your tests do not have to be repeated. Many health insurance plans require patients to get a second opinion before they have certain non-emergency operations. If your plan does not require a second opinion, you may still ask to have one.

What kind of anesthesia will I need? You need anesthesia so that you will not experience unnecessary pain during surgery. Your surgeon can tell you whether you will need local, regional or general anesthesia.

• Local anesthesia numbs only a part of your body and only for a short period of time. For example, when you go to the dentist, you may get a local anesthetic called Novocain. It numbs the gum area around a tooth. Not all procedures done with local anesthesia are painless.
• Regional anesthesia numbs a larger portion of your body—for example, the lower part of your body—for a few hours. In most cases, you will be awake during the operation with regional anesthesia.
• General anesthesia numbs your entire body. You will be asleep during the whole operation if you have general anesthesia.

Where will the surgery take place? Most surgeons work at one or two local hospitals. Ask where your operation will be performed, and how often the same operation is done there. Some operations have higher success rates if they are done in hospitals that do many of those procedures. Ask your doctor about the success rate at this hospital. If your surgeon suggests using a hospital with a lower success rate for your surgery, find out why.

How long will it take me to recover? Your surgeon can tell you how you might feel and what you will be able to do—or not do—the first few days, weeks, or months after surgery. Ask how long you will be in the hospital. Find out what kind of supplies, equipment, and help you will need when you go home. Also, if pain control medications will be necessary, and how long it will be until you can resume normal functioning. Knowing what to expect can help you get better faster.

Thousands of medical errors occur each year. When injury or death is caused by medical malpractice through negligence or failure to follow the standard of care, you or your loved one should be compensated for all damages suffered. Examples of medical malpractice or medical negligence include: Failure to diagnose or a misdiagnoses, birth trauma injuries, botched sinus surgery and other surgical mistakes, nursing home negligence, and wrongly filled prescriptions or prescription errors.

Medical malpractice claims are typically complex, expensive and difficult cases. Because of the difficulty of these cases, it is vitally important to thoroughly investigate and speak to an experienced attorney early in the process.

Although thousands of medical malpractice errors cause serious injury in this country annually, many medical professionals and non-professionals refuse to admit their wrongdoing. Or, the insurance companies who represent the medical professionals will choose to fight the victim rather than do what is necessary to help the victim or the victim’s family recover or be compensated for their losses.