Any time a person needs to undergo a surgical procedure, the doctor performing the procedure is required to obtain the person’s informed consent. In other words, the doctor must explain to the person the risks, benefits, and potential outcomes of the surgery, and obtain consent from the person to proceed with the procedure. Even if a doctor obtains informed consent prior to performing a procedure, if the doctor exceeds the scope of the consent it may constitute surgical malpractice, as discussed in a recent case ruled on by a New York court of appeals. If your surgeon did not obtain your valid consent prior to your surgery and you suffered harm as a result you should speak with a trusted Syracuse surgical malpractice attorney who can assist you in seeking any compensation you may be owed.
Factual Background of the Surgical Procedure
Reportedly, the defendant doctor performed an exploratory laparoscopic surgical procedure on the plaintiff at the defendant hospital. Prior to undergoing the procedure, the surgeon obtained consent from the plaintiff to remove her fallopian tubes in the event a malignancy was discovered during the surgery. The plaintiff underwent the procedure, during which her fallopian tubes were removed despite the fact that no malignancy was found.
It is reported that the plaintiff then filed a surgical malpractice claim against the defendants. The defendants filed motions to dismiss the plaintiff’s claims for failure to serve the complaint in a timely manner and for failure to state a meritorious claim. The trial court denied the defendants’ motions, and the defendants appealed.