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.