Does A Patient Have The Right To Make an Informed Consent Before Surgery

• Every person has the right to control what happens to his or her own body, meaning a patient has the right to consent to have the surgery or not
• The surgeon has to explain all of the risks, benefits, and alternatives to the medical procedure
• There can be serious consequences when the risk of a procedure materializes afterwards
• The plaintiff would not have consented, had they known the possible outcome of the procedure, but that is easier said than done
• Nothing will change the fact that the physician is likely to testify
• New York uses an objective standard, which means that the ordinary, reasonable patient would have done the same under similar circumstances
• An example of the objective standard is the patient being in unbearable pain, and the doctor would have done the same thing if it was he or she in pain
• No question that the plaintiff is entitled to an informed, knowing consent

This short Medical Malpractice Video was provided by Marc Chase, an experienced Brooklyn Medical Malpractice Attorney.