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Failure to Warn

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People are aware that they must sign forms before undergoing a surgical procedure at the hospital. These forms generally state that the patient is consenting to the operation after being fully informed of all the risks associated with the procedure and having discussed possible alternatives with their physician. These forms are generally signed by the patient without being fully read sometimes while under medication in preparation for surgery.

These forms are often not specific to the surgery being performed. They are, in fact, standard forms used for every procedure and they are frequently inappropriate.

The law expects your doctor to fully discuss the medical treatment he or she proposes for you. If that treatment involves surgery, then the surgeon must inform you of all the risks associated with it. In some procedures, there is serious risk of injury even if everything goes correctly. If there are alternatives to surgery, your doctor should discuss them with you, as well as all the risks associated with those procedures. If a doctor fail to give this information, he or she has violated the law.

 

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