Los Angeles, CA asked in Medical Malpractice and Wrongful Death for Idaho

Q: Here is a real case. . A surgeon promised a patient that she had a “0% chance of death” prior to surgery in relation

to the exact procedure he was going to perform, not the general inherent risk of death with all surgery, and the patient died. Then right after the surgery, while the patient was still bleeding to death in the operating room the surgeon admitted to the family that he “never should have done the surgery, he didn’t want to do it and it could have waited but his partner talked him into it”. Then the doctor writes in the post-surgical death report that he warned the patient a year earlier that the surgical procedure (he just attempted to perform) carried a very high risk of death. Is this not a clear violation of the informed consent law in Idaho?

Also, if a surgeon violates informed consent, why is it not automatically “medical battery” as well? If consent is not obtained before sex it is considered sexual battery or rape.

At a minimum would this be considered reckless or gross negligence on the surgeon’s part?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: The case should be reviewed by a member of the Idaho Assn for Justice who handles medical cases--they give free consults.

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