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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 118651
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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My husband was inflicted a hip replacement surgery without

Customer Question

My husband was inflicted a hip replacement surgery without informed consent, and without any discussion at all with me, his wife. This surgery has affected his lumbar spine, and he had not walked again for 2 years. I want to initiate a malpractice lawsuit based on the ack of informed consent.
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally the doctors did not need to have discussion with you, his wife, unless he was mentally incompetent or unless he had a signed power of attorney and told them that they had to discuss all health matters with you.
The doctors DID have a duty to inform him of the risks and benefits of the surgery. Not all medical procedures turn out perfect and many have side effects, but not all of those side effects or imperfect results are actually malpractice. Under NY law, you do require a medical expert to attest to the fact that the conduct of the doctor was such that they did not properly inform your husband of the risks of the surgery. Second thing you have to prove is that had the doctor told your husband about the risks that your husband in no way would have had the surgery. Finally, damages, which are based on his age and remaining quality of life years he has left (which is one of the things the "millions of lawyers" are likely referring to).
However, if you have a medical expert who is willing to testify in court the consent was not sufficiently given and you can prove that your husband would never had agreed to surgery if he would have received that information, then you have to finally show the losses your husband suffered and will suffer to show the value of the case. You cannot represent your husband, so you would need to get local attorney at the same sites used by other attorneys, or