If patient consented to a surgery but surgeon performs a different one different, what is their recourse?

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If patient consented to a surgery but surgeon performs a different one different, what is their recourse?

I was told I had a anerysum in my subclavian artery and a graft would be put there and I required a 6 weeks recovery. Months later I found out I had other devices in me that I was never told about by surgeon. These other devices in me are causing me alot of pain. They were also omitted from medical records.

Asked on August 25, 2017 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Except in emergency situations (e.g. something is discovered or happens when a procedure begins, which also has to be addressed to save the patient's life or limb), informed consent is necessary; a failure to get informed consent--e.g. to accurately describe what will be done, and get the patient's consent or agreement to it--can be malpractice and can make the doctor or hospital liable for the negative, unwanted or harmful consequences of the procedure, such as chronic pain. Based on what you write, you may have a malpractice case; you should consult with a local malpractice attorney to evaluate it, what it may be worth, and how you would proceed (e.g. get new X-rays done) in depth. Many such attorneys provide a free initial consultation to evaluate a case; you can confirm this before making the appointment.


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