Full question:
My husband is paralyzed below his neck after he went through a surgery. About 5 months ago, he was diagnosed with an abdominal aortic aneurysm. The doctors had not warned us about the risk. They never specified that paralysis is the probable outcome of the surgery. Also, we were not informed of all his treatment options. There was a possibility of operating only on the part of an aneurysm located in his abdomen. Even though this procedure was more dangerous than the surgery performed, all of the experts whom we consulted stated that it was an option and that it did not carry with it the risk of paralysis. My husband is in a completely vegetative state now. Can I sue the doctors for malpractice?
- Category: Negligence
- Date:
- State: National
Answer:
Yes, you can sue the doctors for medical malpractice. Doctors must fully inform patients about the risks of any proposed surgery, allowing patients to make informed decisions. This process is known as “informed consent.” It typically includes:
- The nature of the procedure
- Reasonable alternatives to the proposed intervention
- Relevant risks, benefits, and uncertainties of each option
- Assessment of patient understanding
- Patient acceptance of the intervention
In your case, the doctors did not inform you about the risk of paralysis from the surgery. They also failed to discuss the alternative procedure that other experts indicated was an option and carried no risk of paralysis. Therefore, they may be liable for violating informed consent norms.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.