Surgical Malpractice: Lack of Informed Consent

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Having surgery can be very intimidating. Whether your surgery is sudden due to a medical emergency, or prescheduled, it can be emotionally taxing for the patient and the entire family.

Prior to surgery, information is coming from all directions. Typically, your surgeon will explain:

  • Your underlying medical problem
  • Why you need the surgery
  • What will occur during your surgery
  • And, legally, your doctor must explain to you and/or your family members the risks of your surgery

Before your doctor performs surgery, you or your family member must provide informed consent.

Usually confirmed by a written/signed consent form, informed consent is defined as a “formal agreement that a patient signs to give permission for a medical procedure (such as surgery) after having been told about the risks and benefits.” Before signing, your doctor should provide you and/or your family members with the following information:

  • Description of the surgery
  • Benefits of the surgery
  • Potential risks of with surgery
  • Potential Outcomes
  • Common risks of the surgery
  • Risks associated with not having the surgery

If you can prove your doctor failed to inform you or your family of the common risks and potential outcomes of your surgery, you may be entitled to compensation.

Doctors have a duty to inform their patients completely before performing surgery. In some cases, a patient may have technically consented to surgery by signing the consent form, but always remember that doesn’t necessarily mean the patient gave informed consent.

When a patient claims a “lack of informed consent,” the court considers what the patient would have done had they been fully informed. For example, a patient may consent to a surgery without knowing about a major risk associated with the surgery. If the patient becomes a victim of the unknown risk that patient may argue he or she would not have undergone the surgery had they known of the risk.

If you or a loved one were a victim of medical malpractice and you did not provide your doctor with informed consent, you have to call me right away 1 (877) 944-4373. I can help you get the compensation you deserve.

As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.