You’ve been waiting and waiting, but finally, you’ve decided to move forward with the surgery that your doctors have been recommending for quite a while. You are now ready to put your life and your health into the hands of a medical team. You expect them to do what you ask and what is required, and you definitely expect them to stick to the agreed-upon plan.

But what if a doctor goes beyond the plan without your consent?

This is more than just a medical issue for patients in West Virginia. It’s a legal one. If a doctor performs a procedure that you did not consent to, you may be able to make a claim for surgical malpractice. In some cases, you might even be able to file a medical battery claim.

The Importance of Informed Consent

Before your surgery, you should be told:

• The details of the procedure
• Potential risks and complications
• Alternatives to the surgery
• Expectations during recovery, etc.

This is known as informed consent. It means that you are fully informed about what will happen to you during the surgery and recovery, and that you have the power to make decisions about your own body. Informed consent is one of the fundamental principles of the medical field, and it is one of a patient’s most basic rights.

Exceptions for Emergencies

We all know that in life, there are exceptions. In some instances, there is an exception to a patient’s informed consent, and that is when a true, life-threatening emergency takes place during the surgery. An example of this would be if a patient had to have some tissue removed because of unexpected bleeding, and the bleeding was severe enough to threaten their life.

In a case such as this, the doctor would not need the patient’s consent if they needed to take action immediately to prevent death or severe harm.

However, please note that this does not include situations that were non-emergencies, elective, or otherwise non-urgent. Doctors can’t use this justification for those situations.

Potential Damages  

The physical and emotional damages that come with a surgery that a patient does not consent to could include:

• Physical injuries that occur from unnecessary procedures, complications, and organ/tissue removal
• Longer recovery time due to a more invasive surgery than what was planned
• Emotional trauma from feeling violated and powerless
• Loss of trust in medical providers, making future medical care more stressful
• Financial cost for additional surgeries, hospital stays, or missed work

Even in cases where the surgery’s result is “successful,” the patient could still suffer because of the surgery due to the violation of their consent.

Proving Your Case

Patients who are thinking about filing a medical malpractice claim based on informed consent will need to prove the following:

• Consent was given for a specific procedure (which should have been written or discussed in detail)
• A doctor went beyond this consent by performing a different procedure without your permission
• The surgery resulted in your harm, either physically, emotionally, or financially

To prove a case, your attorney will need to see your consent forms, your medical records, and all operative notes. They may also need to contact any witnesses to the events in the surgery, as well as medical experts who can testify as to what could or should have been done during the surgery.

Who Can Be Held Liable?

Liability for “going beyond consent” does not necessarily fall solely on the surgeon. Other parties who may be liable for their actions include:

• The hospital is not upholding consent protocols
• Other members of the medical team, particularly if a nurse or other employee performed part of the unauthorized procedure, may be held legally responsible as well

Hospitals are typically held liable for these cases. This is due to vicarious liability, a legal concept whereby an employer is held responsible for the actions of its employees.

Potential Compensation

If you are successful in a malpractice claim or informed consent claim, you may be entitled to the following compensation:

• Medical costs for any additional treatment or other corrective surgeries
• Lost wages if you were out of work due to your recovery time
• Pain and suffering for the physical and emotional pain that you endured
• Loss of enjoyment of life if the surgery limited your life in any way
• Punitive damages, in some cases, where the behavior of the doctor was particularly reckless

What Our Firm Can Do for You

Surgery is scary enough, but having a doctor overstep your consent in any way can be a true violation. We will do the following for you:

• Investigate what happened during the surgery
• Review your consent forms and medical records
• Work with medical experts to determine at what point your consent was violated
• Fight for full compensation for your injuries and other losses

You don’t have to handle your legal issues alone. We understand how crucial it is for you to be able to trust medical professionals, and we are here to help you hold them accountable.

What to Do Next

If you suspect that you underwent a surgery or procedure that you did not consent to, let someone know immediately. These cases are more than just about money; it is about holding these doctors and their employers accountable for their behavior.

Reach out to our office today to schedule your free consultation. We can review your case and help you take the next steps toward justice.