Most surgical procedures involve some degree of risk, and the potential for harm can be elevated if the patient suffers from underlying health conditions. As such, it is a doctor’s duty to advise a patient of the possible adverse outcomes of a procedure before proceeding. If a physician fails to do so, it can lead to fatal complications. As discussed in a recent New York ruling, however, not all injuries that arise following a procedure are the result of negligence. If you were harmed by a physician’s failure to obtain your informed consent, it is advisable to speak to a Rochester medical malpractice attorney as soon as possible.
History of the Case
It is alleged that in October 2013, the decedent, who had a significant history of alcohol abuse, sought treatment from the defendant ophthalmologist due to vision issues. The ophthalmologist diagnosed cataracts in both eyes and recommended two separate surgeries for their removal. However, the ophthalmologist required the decedent to obtain medical clearance before proceeding. The decedent visited his primary care physician, who discovered that he suffered from atrial fibrillation and referred him to the defendant cardiologist for further evaluation. The cardiologist prescribed medications, including Metoprolol and aspirin, but did not prescribe anticoagulation medication due to the decedent’s alcohol abuse and medically cleared the decedent for surgery.