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Litigation Medical Malpractice

When Lack of Informed Consent Is Not the Issue

When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.

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People about to undergo an operation or other medical procedure are, as a matter of routine, offered information about the upcoming procedure. The mechanics of the procedure, the progression of recovery and the potential hazards are all explained, in conformance with the informed-consent doctrine, which requires that people be given the information that any patient in their situation would want to consider before deciding on whether to have an operation.

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