Indianapolis Unnecessary Surgery Attorneys - Cohen & Malad

Unnecessary Sinus Surgeries / Physician Abandonment

Indianapolis Medical Malpractice Lawyers for Unnecessary Surgical Procedures


Unnecessary surgery is a very serious issue. Some reports estimate that every year over 5 million unnecessary surgical procedures are performed on patients to a cost of over $100 billion. But it’s not the money spent that should cause concern; it’s the fact that tens of thousands of people have died as a result of these unnecessary surgeries.

Doctors are responsible for advising patients in their care of the treatment options that are available for their ailment. Treatment options should include all possible choices including lifestyle changes, drug therapy, and surgery, if they are appropriate for the issue presented. Further, it is the doctor’s duty to explain to the patient all of the risks and benefits associated with each choice so that the patient can make an informed decision about their care.

Patients put their trust in doctors or healthcare providers to give a truthful account of their health issue and prescribe options that will fix the problem, rather than just increase the doctor’s bank account. When this trust is breached the results can be devastating. A patient’s well-being can be put at risk when unnecessary procedures are performed.

The trust that a patient has for their doctor extends beyond the operating room. Once a surgery is complete, a patient has a reasonable expectation that their doctor will continue to provide care as they recuperate from their ailment. When a doctor ends the doctor-patient relationship and denies necessary medical care, this is called physician abandonment.

Unnecessary Sinus Surgery Medical Malpractice Claim

Lake County ENT Doctor Weinberger advertised that he could fix sinus problems, headaches, and snoring. Several clients responded to his prolific ads and presented to this doctor who took and read his own CT Scans, told the patients they had extensive sinus disease and needed surgery (when their sinuses where normal), and scheduled them for up to eleven complex surgeries at a cost of over $40,000.00. These surgeries generally take about two hours to complete, but the surgeries lasted an average of only 24 minutes. Instead of doing the surgeries he said he was going to do, the surgeon merely poked holes in the maxillary sinuses, which made the patients worse and subjected them to recirculation phenomenon (chronic infection from where the mucus just circulates between the holes he made and the natural openings to the maxillary sinuses).

Once these clients started filing suit, the surgeon cashed out and fled the country, disappearing for over 5 1/2 years until he was apprehended in the Italian Alps in a tent. A settlement of over 280 cases was recently completed with the Patient’s Compensation Fund. Litigation still pends against Weinberger’s medical malpractice insurance carrier.

Indiana Medical Malpractice Attorneys

The relationship between a doctor and patient is built on trust. Patients rely on doctors and medical personnel to provide accurate diagnoses and treatment of injuries and ailments. When a doctor breaches that trust by recommending and performing unnecessary surgeries not only is the doctor-patient relationship at risk, so is the patient’s health. If you or someone you care about suffered a serious injury due to an unnecessary surgery or were a victim of physician abandonment, contact us. The Indiana medical malpractice attorneys at Cohen & Malad, LLP can discuss your claim and inform you of your legal rights and options.