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?
A: The case should be reviewed by a member of the Idaho Assn for Justice who handles medical cases--they give free consults.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.