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Evidence of Risk of the Procedure

By Christopher D. Bernard

A common scenario in a medical malpractice case involves a patient who undergoes a medical or surgical procedure and is injured as a result of a complication that occurs during or following that procedure. Of course, the plaintiff is not entitled to recover simply because there was a complication. The jury will be instructed that doctors do not guarantee a good result, and they are not liable unless they failed to perform the procedure in accordance with the applicable standard of care. Similarly, a defendant is not relieved of liability simply because the complication was a known risk of the procedure. If the complication occurred because the doctor was negligent, regardless of whether it is possible for the injury to have occurred even if the doctor fully complied with the standard of care, the plaintiff is entitled to recover.

Absence of Negligence

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