I fell while working at a construction site and suffered lumbar pain. After submitting to tests showing that I had extensive degenerative disc disease and spinal stenosis, I underwent a surgery. After the operation, I suffered a hematoma, which caused nerve damage. Can I sue the physician for causing nerve damage after the back surgery?




Answer:
When a patient claims that a doctor has breached the duty to procure his or her informed consent, he has to prove duty, breach, causation and damage. A physician is obligated to inform and obtain a patient's consent as relating to the proposed treatment.
To prove that a doctor breached his duty, the patient must offer more than mere allegations that the former failed to obtain informed consent. He or she must then show that a reasonable patient would not have consented to the surgery had he or she been properly informed of the alternatives and risks. Also, the patient must show that the treatment was the direct cause of the aggravated condition or that he or she would not have been injured if the physician had exercised the proper standard of care.
Talk to a Medical Malpractice Attorney to get legal advice regarding your options to file suit and seek compensation for your injury.
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Posted by Yara Zakharia on 05 Apr 2010