Q: If a doctor did not point out possibility a procedure might not work, and patient undergoes and it fails, is doc liable?
Initial consultation involved explanation of procedure, alternatives to the procedure, what to expect - during and after, but NOT any mention that it might not work. I had it - 2 1/2 hours awake on the table, and it did nothing to help.
A: In order to obtain a patient's informed consent, a physician has to discuss the risks, benefits and available alternatives to a medical procedure. That a procedure might not work or cure the condition it's designed to treat would fall under the "risks" category (and is arguably inherent in every surgical procedure). That said, to have a viable malpractice lawsuit, a plaintiff needs to demonstrate that a reasonable patient in his or her position would not have undergone the procedure if given appropriate information; and that he or she suffered harm as a result. If you're in the same position you would have been had you not undergone the surgery, you've arguably suffered no harm = no foul.
Tim Akpinar agrees with this answer
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