Do doctors have a certain duty to tell patients of risks before doing surgery or a procedure?

Question

Do doctors have a certain duty or rule to tell patients the risks before doing surgery or a procedure?
And if they fail to tell the patient, and something happens that the doctor never mentioned could happen, is there anything the patient could do?

Okay, well I only remember talking to the doctor beforehand, and she just explained about how they were going to cut it out, and stitch and it would heal. But after the procedure, the stiches split apart, so there was a whole in my back. she said that she'd only seen it once before, and that was by someone playing a sport right after the procedure. So she told me how to get it to heal and all, and now the scar on my back is huge. and just about a week ago, we went to a different doctor, and she said there wasn't really anything we could do and that it was in a bad spot. If we wanted to fix it there would be a 50/50 chance it would do what it did before, and this time it would be bigger. She also said that even the first time there was a 50/50 chance that it would split open, but I was never informed of this by the other doctor. And if I did know there was such a high chance that it would split, and create a huge scar, I most likely would not have gone through with it.

Answer 1

yup it is the duty of the doc to tell pt of the risks which are actually associated with the disease(although rarely some things or post op complications do occur which are not actually asociated with that cond...that happens rarely but in that case the doc is not liable...otherwise he is

Answer 2

ABSOLUTELY on both questions. That is a surgeons duty so the patient can make an informed decision. I had cancer surgery that took 7 hours. It fried my memory. I call people that I have known all my life by the wrong names, KNOWING it is the wrong name. I have not done anything legal, because my surgeon told me this might be a side effect of the anesthesia. Granted it was after the surgery, but there were complications....you should probably consult a lawyer to see if there is something in the category of wrong doing, before jumping to a lawsuit that will only cost you time and money. Best of luck, and Happy Holidays to you and your family. Nana

Answer 3

In this highly litigious day and age, it is very unlikely that a procedure would be performed without a person being informed of the risks involved. Physician's liability insurance rates are out of control, so the health care establishment is overly careful to do whatever they can to minimize their chances of being sued, and especially losing the suit.

That is why they have all those consent forms that they give you to sign prior to any procedure -- the risks are all outlined in there. READ it before you sign it and ask for a copy for your records. With the web you can also research your condition, the treatment options, including the one recommended by your Doctor, as well as the risks.

Answer 4

That is called informed consent. Usually a form is signed with all the normal risks and it becomes a part of the medical record. The doctor performing the procedure , the patient and a witness will sign this form.

Answer 5

Surgeons have to tell patients the risks of any surgery. Although a big deal to a lot of people, to a surgeon an abortion is just another surgery, with the same rules and regulations.

Answer 6

I think that they are responsible for telling patients ahead of times the risks involved in the procedure. As far as the rest of your question I don't know if there is anything legally you could do or not.

Answer 7

The patient could sue the doctor if they do not tell them the risks and if anything goes wrong.

Answer 8

They tell so that if something does happen then the patient can not sue because they were told of the problems before hand. but if something else does happen that was not explained then there is the chance that they can sue.

Answer 9

yes the doctor has to explain all possible risks of a procedure or surgury. it is possible to sue them otherwise as it goes against the hippocratic oath posted below
I SWEAR by Apollo the physician, and Aesculapius, and Health, and All-heal, and all the gods and goddesses, that, according to my ability and judgment, I will keep this Oath and this stipulation to reckon him who taught me this Art equally dear to me as my parents, to share my substance with him, and relieve his necessities if required; to look upon his offspring in the same footing as my own brothers, and to teach them this art, if they shall wish to learn it, without fee or stipulation; and that by precept, lecture, and every other mode of instruction,

I will impart a knowledge of the Art to my own sons, and those of my teachers, and to disciples bound by a stipulation and oath according to the law of medicine, but to none others.

I will follow that system of regimen which, according to my ability and judgment, I consider for the benefit of my patients, and abstain from whatever is deleterious and mischievous.

I will give no deadly medicine to any one if asked, nor suggest any such counsel; and in like manner I will not give to a woman a pessary to produce abortion.

With purity and with holiness I will pass my life and practice my Art. I will not cut persons laboring under the stone, but will leave this to be done by men who are practitioners of this work.

Into whatever houses I enter, I will go into them for the benefit of the sick, and will abstain from every voluntary act of mischief and corruption; and, further from the seduction of females or males, of freemen and slaves.

Whatever, in connection with my professional practice or not, in connection with it, I see or hear, in the life of men, which ought not to be spoken of abroad, I will not divulge, as reckoning that all such should be kept secret.

While I continue to keep this Oath unviolated, may it be granted to me to enjoy life and the practice of the art, respected by all men, in all times!

But should I trespass and violate this Oath, may the reverse be my lot!

Answer 10

Yes.