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|Medical Malpractice
Legally Reviewed by:
David Di Pietro
Managing Partner, Medical Malpractice Attorney

Di Pietro Partner's goal is to advocate for you when you need our help. Our team of experienced legal and medical professionals are dedicated to providing high quality informative content. The information on this page and other areas on the website is routinely fact checked, updated, and approved by our team of licensed attorneys and professional editors. If you find any errors, feel free to let us know and we will review the information immediately.

Revision surgery is a corrective procedure performed to fix problems caused by a previous operation. While some follow-up procedures are medically expected, such as replacing implants years after they are placed, others arise from preventable mistakes. When errors that occur during diagnosis, surgery or aftercare lead to complications, patients may need additional operations that could have otherwise been avoided.

This can result in patients often dealing with longer recovery times, missing work and being faced with higher medical bills, in addition to the emotional strain of going through another procedure. While not every complication signals malpractice, the law recognizes a difference between unavoidable risks and negligent mistakes. When revision surgery is needed because of errors in care, it may form the basis for a medical malpractice claim.

How Medical Malpractice Leads to Revision Surgery

Revision surgery is often necessary when errors occur during the original procedure. Surgical mistakes such as improper techniques, misplaced implants, or even leaving surgical instruments inside the body can cause lasting harm that must be corrected through an additional operation. These errors typically go beyond expected risks and point to negligence in the surgical process.

Problems may also arise before the first surgery even takes place. If a doctor fails to properly diagnose a condition or neglects critical pre-surgical planning, the procedure may be performed incorrectly or on the wrong basis, leaving the patient worse off than before. These failures can create complications that require revision surgery to restore proper function or health.

In some cases, malpractice occurs after surgery through inadequate post-operative care. Patients may develop severe infections, suffer complications from poor monitoring, or be discharged too early without proper instructions. When these lapses in care lead to harm, revision surgery may be the only option to correct the damage and protect the patient’s health.

Pursuing Legal Recourse

To pursue a malpractice claim after revision surgery, patients must establish the core elements of negligence, which include proving:

  1. The doctor or hospital owed a duty of care
  2. Duty was breached through substandard treatment
  3. The breach directly caused harm, and the patient suffered damages as a result

While revision surgery often serves as strong evidence that the initial procedure caused significant harm, it must still be proven that the surgery was necessary because of negligence rather than ordinary complications. Medical records from both the original surgery and the revision procedure are essential to show what went wrong and why another operation was needed.

Expert testimony may also be used to explain how a competent provider would have acted differently. This type of evidence helps distinguish malpractice from unavoidable risks and strengthens the patient’s claim. If successful, patients may recover compensation for a range of damages. This can include reimbursement for medical bills and revision costs, as well as lost wages from time away from work and non-economic losses such as pain, suffering, and emotional distress.

This article was legally reviewed by David Di Pietro. David has been a practicing healthcare and medical malpractice lawyer for over a decade. Throughout this time, he’s represented client’s through various complex issues involving the healthcare system. This includes misdiagnosis, missed strokes, child birth injuries, medication errors and more. He regularly appears on national TV to provide his expertise on well known medical malpractice/personal injury matters such as the multi billion dollar Purdue Pharma Opioid Lawsuit. David is an experienced and aggressive trial attorney that has tried over fifty (50) jury trials and numerous bench trials. David is also a member of the Trial Lawyers and Health Law Sections of the Florida Bar.

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