Assuming the patient was injured in some way by this allegedly unauthorized surgery, you may have a case for a battery. The entire presise of medical law is that the doctor must have the patient's consent to perform a procedure.
If a patient is deemed incompetent, this can be considered a battery. However, this is not necessarily so just based upon being adjudged incompetent for a trial--the standards are completely different.
If you wish to investigate, gather the medical records and contact a lawyer who handles medical negligence cases.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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It may be possible to file if there are damages. The plaintiff must show that the neurosurgeon failed to inform the person of risks and/or alternatives to the procedure, which a reasonably well qualified neurosurgeon would have disclosed under the same or similar circumstances. The plaintiff also must show that if the neurosurgeon has disclosed those risks and/or alternatives, a reasonable person in the plaintiff's position would not have submitted to the procedure. The plaintiff must also show that the plaintiff was injured as a result of the procedure and that the failure to disclose the risk and/or alternatives was a proximate cause of the injury.
This answer provides general information and should not be considered legal advise giving rise to attorney-client relationship.
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