Whenever a doctor performs a surgery or procedure, the doctor is supposed to explain all of the risks associated with the procedure to the patient. This entails explaining to the patient what exactly will be done during the procedure, what the expected outcome of the procedure is, and what the likelihood of encountering a complication is.
If a doctor fails to properly inform a client about the risks of a procedure, and the patient is injured during the surgery, the patient may be able to file a New Mexico medical malpractice case seeking compensation for their injuries. This may be the case even if the doctor was not negligent in performing the surgery. A recent opinion issued by an Oklahoma appellate court held that in order to obtain truly informed consent, a doctor should also advise the patient of any non-doctor assistants who will be helping with the procedure.
The Facts of the Case
The plaintiff was a patient of the defendant doctor. At some point in the course of treating the plaintiff, the defendant doctor suggested the plaintiff undergo a specific surgery. The plaintiff agreed, and the defendant doctor had the plaintiff sign a general release waiver giving permission for the defendant and “whomever he/she (they) may designate as his/her assistants, to perform” the procedure. However, the space provided for the doctor to provide the names and credentials of any assistants who would be involved in the procedure was left blank.