What can I do if I had a surgery last year and my doctor who scheduled the surgery just recently informed me her son actually performed the operation?

He did so without my consent. She prepped me for surgery but never once mentioned that her son doing was doing it. This was a very personal women’s surgery and I would never had agreed to this. I feel violated.

Asked on September 15, 2014 under Malpractice Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If--as we hope--the surgery was done correctly--you would not have a malpractice lawsuit: a malpractice suit is designed to compensate you for the costs, suffering, injury, etc. of bad medical care, so if you were not injured, there is no compensation due you. It is possible, however, that not disclosing who was conducting the surgery was an ethical violation; if you feel, as you state, violated, you may wish to report this to the state board or agency which licenses doctors.

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