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Is it medical malpractice if a doctor does a surgery I did not know he was going to do?

Liverpool, NY |

I was scheduled to have the battery changed in my Dorsal Column Stimulator ( Spinal Column Stimulator ) and I received a letter from the doctors office ( a new doctor ) with a date to have the battery changed in my DCS ( stating battery change for DCS ) and after waking up I found out the doctor had not only changed the battery in my DCS but took the control box out of my chest and placed it in my hip as well as placing other leads in my spine with out my pry - er knowledge . All I knew was he was going to change the battery as per what what was needed and the letter giving me the surgery date that states " SCS BATTERY CHANGE " . Would this be malpractice ?

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Attorney answers 6


Generally speaking, any unauthorized surgery would violate the informed consent laws, as well as possibly give rise to a battery claim. You should consult with a local medical malpractice attorney, and if possible take your medical records with you so s/he can assess your case for standard of care violations.

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Informed consent issue. Have a local med mal lawyer investigate.

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Consult a med mal attorney to discuss the informed consent issues.

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This is an informed consent issue (similar but not the same standard as a med mal case). The issues I see are: (a). Would you have consented to this procedure if given the option? And (b). What Damages have you suffered as a result of the unauthorized procedure.

Ryan Finn * 518.213.0115 * * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


You certainly may have a claim, but it depends on a number of factors. The most important related issue, however, is whether you sustained any damages. If you would like a free consultation, feel free to contact my office at (315) 471-1664. I will connect you with one of our medical malpractice attorneys.


I would be surprised if you had not signed an informed consent form that broadly covered what the surgeon could do which probably includes any necessary procedures contemporaneous withe the battery change. You them have to ask yourself if what was done was medically necessary and whether what was done benefits you verse injured you. In the end even if their is a departure from the standard of care you still need to establish an injury. I suggest you get a complete set of the hospital chart as well a the surgeons records and go consult a malpractice attorney.

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