Hampton, VA asked in Medical Malpractice for Virginia

Q: My sister had a procedure that rendered her infertile.

The doctors did not properly explain that this was a possible side effect. Does this constitute malpractice even though the surgery went well otherwise?

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1 Lawyer Answer
Rich Nagle
Rich Nagle
Answered
  • Medical Malpractice Lawyer
  • Reston, VA

A: Maybe. If the risk of infertility was not disclosed but under the prevailing standard of care a reasonable physician would have done so and if your sister would have declined the procedure had she been so warned the elements would be in oplacw for a successful med mal claim.

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