Can I Sue for Not being Told the Risks of a Procedure?
Imagine that you agree to a surgery and afterward, you suffer serious complications that you never even realized were a risk. If you had known about the possibility of such complications, you likely would not have agreed to undergo the procedure. What are your rights in this situation?
It is best to discuss this matter with an experienced Ohio medical malpractice attorney as soon as possible.
Before a medical professional performs a medical procedure or surgery, they are required to obtain “informed consent” from a patient. Informed consent involves your doctor discussing with you:
- The nature of the procedure and how it is performed
- The benefits of surgery
- The known risks of the surgery
- Any uncertainties about the procedure
- Reasonable alternatives if you decide not to undergo the procedure
- Benefits and risks of the alternatives
With this information, you can weigh the benefits and risks of each alternative and make a fully informed decision regarding your health.
What if Your Doctor Fails to Properly Inform You?
Far too often, doctors gloss over certain risks of a procedure or simply fail to tell patients about risks at all. You might think you are making the right decision for your body and your health, when in reality, the doctor is making the decision for you. Often, doctors think there is one clear treatment path for a patient - involving a surgery or procedure - and so they do not want to risk the patient making an alternative decision.
Whether your doctor fails to fully inform you because they do not trust your judgment, they have a vested interest in performing the surgery, or simply because they forgot, this puts you at the risk of unexpected and preventable injuries. If you experience complications from the surgery that you should have known about, you might have a claim for malpractice against the doctor.
Proving a Malpractice Case Involving Lack of Informed Consent
If a doctor understated or omitted the risks of your procedure, and you suffered injuries, you might have a case, and you should have a medical malpractice attorney evaluate your situation. You would be required to prove:
- The doctor failed to inform you of the known risks of the surgery
- If a reasonable patient had known all the risks and alternatives, they would not have agreed to undergo the procedure
- You suffered harm and losses as a result of the procedure
Often, these informed consent claims are part of a more complicated medical malpractice lawsuit involving surgical errors, as well. You want to have the right legal representation from an attorney who has extensive experience handling this type of medical malpractice claim.
Speak with an Ohio Medical Malpractice Lawyer Right Away
If your doctor failed to tell you the risks of a procedure, and you suffered injuries, you might be able to file a lawsuit. The Ohio medical malpractice attorneys at The Eisen Law Firm are ready to help, so please contact us online or call 216-687-0900 for your free case evaluation today.