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This may be considered malpractice. The key would me to get testimony of other professionals to see whether a surgeon taking reasonable care could have had the same type of problem occur. Even though something goes wrong, it is not necessarily malpractice unless the surgeon is not acting with reasonable care of a normal surgeon. Also, it could be considered malpractice if the surgeon failed to provide sufficient disclosures to the patient to let them know that this was a possibility. Being made aware of all the possible risks is called informed consent. without knowing all the possible risks, a patient cannot give informed consent and therefore, when the risk actually occurs, it would be considered malpractice.