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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 was needed and the letter giving me the surgery date that states only " SCS BATTERY CHANGE " . Would this be malpractice ?

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Attorney answers 5


Duplicate question - see response to your first post.

* Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury, Medical Malpractice, or Criminal case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!


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

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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.


I agree this is about informed consent. Contact and consult with a medical malpractice attorney.

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