Submitted by Anonymous on Fri, 09/11/2009 - 08:53
I'm trying to find some information for a friend who had the plastic surgery from hell experience. She claims the doctor never told her about the risks and possibility that she would suffer the kind of side effects and discomfort that she's had. So, if she is correct, does she have a claim for medical malpractice?
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Editor's Response
That is a big 'if.' The crux of any informed consent case (what you are describing) is the issue of what the doctor actually told the patient, BOTH orally and in writing. Certainly in Massachusetts, and in other states, failure by a doctor to adequately explain the risks of any surgery may create liability for a medical malpractice claim. The best advice I can give you is to encourage your friend to talk to a medical malpractice attorney. Such an attorney will be up to date on the latest law and requirements regarding informed consent. I hope your friend feels better soon.