What to do if my dad had a heart surgery and the signed consent said there was only a 10% chance of paralysis when in fact it was more like a 40% chance?

UPDATED: Sep 3, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 3, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my dad had a heart surgery and the signed consent said there was only a 10% chance of paralysis when in fact it was more like a 40% chance?

It said there was a 10% chance of paralysis. Now that he is paralyzed they said it was more like a 40% chance. He would never have had the surgery in the first place because he is such an avid golfer and the surgery was elective. Is the malpractice? Does he have a case?

Asked on September 3, 2012 under Malpractice Law, Florida


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

The only way to know if you have a potential medical malpractice case is to consult a malpractice lawyer in your state.  This is a complex area of the law and depends on both legal theories and medical science.

In general, doctors must tell patients the truth about risks and benefits.  If they don't and something bad happens, the patient may have a claim.  These "informed consent" cases are very difficult, however.  They often come down to "he said, she said" with unpredictable results.

When you say your dad is "paralyzed," do you mean completely paralyzed, or partially paralyzed?  One of the factors you and your lawyer must consider is the potential damages your dad would recover if he won a lawsuit.  Medical malpractice cases are very expensive, take a long time, and are difficult.  Many states have capped the amount of damages a person can recover for "pain and suffering."  Lawyers look carefully to make sure a settlement or verdict would actually help your Dad and your family.  If not, they will decline to pursue it.

I hope this helps.  I encourage your Dad to consult a malpractice lawyer in his area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption