When you have a procedure such as surgery, your physician is obligated to inform you about the risks, benefits, and alternatives to the procedure. This way you become informed about your medical options. In many instances, the physician fails to advise the patient about specific risks or alternatives to the procedure, or the patient has a bad outcome where one or more risks was not disclosed to the patient.  

The key issue in this type of claim is whether the patient would still have proceeded forward with the procedure had they, as a reasonable person, known of the risks of the procedure. If the answer is no, then there is likely a basis for a claim. If the patient would have gone ahead regardless of the risks, even though the physician may not have told them of that specific risk, then in all likelihood they would not have a viable basis for such a claim.

You can download a FREE copy of our consumer guide, Why Most Medical Malpractice Victims Never Recover a Dime, to learn more about medical malpractice.

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Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.