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Experimental or High Risk Surgeries = Malpractice?

The majority of surgeries performed in the United States go smoothly, however, there are some occasions where problems happen. For the patient who is under the knife, such errors may leave many questions. One of the main ones is whether the doctor knew enough to perform the surgery or if it was malpractice. This article will discuss conversations to be had between doctor and patient before an experimental or high-risk surgery is performed.

Generally, medical staff are highly trained and very intelligent people. However, not everyone is born knowing everything and new medical procedures are constantly being developed. As a result, each doctor will have to do something for the first time at one point or another. And it’s normally when they are doing things for the first time or perfecting their skill that patients are harmed. In other cases, it may be that the doctor never had the skill or knowledge to do the surgery.

Experimental or High-Risk Surgeries

At times doctors may need to perform a surgery for the first time or may believe that the surgery is high risk. When this is the case, they need to tell this to the patient. They must be clear communication before the surgery happens. If the doctor fails to do this it could be considered as malpractice. Besides, the patient has the right to know what is going to be done to their body. Further, the patient should decide whether or not they want to take the risk. If the surgery is experimental or the doctor is not fully familiar with the procedure they should say so.

Some of the things that must be included in the discussion before the surgery by the doctor are:

  • The type of the surgery
  • Other options that are reasonable
  • Possible risks and side effects
  • The benefits for the patient
  • Legal duty for informed consent

Unfortunately, even after good discussion before the surgery injury may occur anyway. Find out if it is medical malpractice in a free initial consultation with a Vinson Law Office attorney.



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