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Lack of informed consent may constitute medical malpractice

New Yorkers go to the doctor for a variety of reasons. Some reasons are more serious than others. Sometimes people are simply need a yearly physical or treatment of a basic illness, but others require surgeries and other invasive procedures which may require intrusion into the body. These operations usually require anesthesia, and patients often do not know what is actually happening to them while they are out. Instead, they must trust that medical professionals perform their job duties with the utmost care.

That is why prior to a surgery a patient must provide informed consent to a procedure. This consent must be in writing and signed by the patient. The consent form must provide a medical description of the procedure as well as state the procedure in terms which the patient can understand. Then, if any changes are made to the procedure, even minor ones, after initial consent is given, then the consent must be redone and resigned by the patient.

These consent forms ensure that a patient knows exactly what is going on. If there is an emergency, then some variations made be made, but absent those circumstances the doctor should only perform the medical procedures that were consented to. However, sometimes doctors fail to obtain informed consent. Such an error could be considered medical malpractice, meaning that a patient may be entitled to compensation for the injuries they suffer.

Any time a person in New York undergoes surgery, there are risks that something could go seriously wrong. Sometimes this is due to factors outside of a doctor's control, but sometimes it is because of a doctor's own mistake. If an error is made and the patient suffers injuries or complications as a result, then he or she may be entitled to compensation for the damages caused by the mistake. This compensation may help alleviate the financial burdens caused by unexpected medical expenses and lost wages. It may also help ease pain and suffering. However, these types of lawsuit are often aggressively challenged, which is why it is wise to obtain the assistance of a skilled legal professional..

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