Duplicate question - see response to your first post.
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As !r. Lassen advised this is an informed consent issue to discuss with a med mal attorney.
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Medical Malpractice - Informed Consent - Damages. By New Jersey Medical Malpractice Attorney Patrick Amoresano: Whether in New Jersey, New York, or other states throughout the nation, surgeons must obtain their patients' informed consent to any invasive procedure. Typically, a well-crafted informed consent form will contain boilerplate language alerting the patient to the possibility that the doctor may take certain unplanned actions or precautions associated with the objective of the originally planned procedure. Depending on what was done, such language may or may not provide the doctor with cover. In your case, I'd imagine the doctor will argue that the relocation and rewiring of your DCS was required or advisable for medical reasons. If his actions did not do you any permanent damage, his argument is likely to prevail. On the other hand, if he's left you worse off, his explanation will be a harder sell, and and the damage he's done will govern both the merits and value of your medical malpractice claim. If you have permanent damage that you didn't have before the procedure, contact an experienced Medical Malpractice attorney in your region right away.
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