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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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.

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