Can a doctor switch the technique that they areusing to perform a particular type of surgery withoutinforming you first?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a doctor switch the technique that they areusing to perform a particular type of surgery withoutinforming you first?
I had gallbladder surgery. The doctor drugged me up and did not tell me that he had never done this surgery before (except on 1 other person). My surgery is threw my belly button but I don’t have the 4 holes like everyone else; I have 1. I was the second patient in the state to have this done; the first was a lady that was ahead of me in the surgery line. They didn’t tell me until after the surgery about all of this?
Asked on September 9, 2010 under Malpractice Law, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Was the surgery the same but just that the technique was different? Was the surgery successful? Are you ok? Were there any complications? Yes, I agree with you 100% that you had every right to know what the surgery was to entail. Did the surgeon explain it to you before hand? And he said 4 holes and not one or "incision through your belly button"? Was it experimental and did it fail? These are questions that need to be answered. Generally, I do not think that this amounts to malpractice but I would consult with a malpractice attorney in your area. The consultation should be free. Doctors make technique decisions all the time during surgery. If their choices result in damages then maybe it was malpractice. And maybe not. Good luck.
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.