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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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 * Rfinn@hackermurphy.com * 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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