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You've just been told that you need surgery. And you've met with the surgeon and he's told
you that there are some risks associated with the surgery. He then hands you a 3 page document
that basically the surgery could cause every complications under the sun. Of course you
need the surgery, so you sign it. After the surgery, you suffer a significant and severe
post-operative complication. Is your surgeon responsible if he did not give you informed
consent? Would you like to learn more information? Then follow along for the next few minutes
while I explain to you the law of informed consent in Ohio. My name is Stuart Scott.
I'm a medical malpractice trial attorney in Ohio. Every patient is entitled to be told
the risks and the benefits of their surgery. And not just to the hypothetical person, they're
entitled to know the specific risks that apply to them. Some people -- before they have surgery
-- may have other conditions such as hypertension or previous history of blood clots or heart
disease. These are specific risks that need to be evaluated and considered by your doctor.
And if your surgeon doesn't truly understand what the risks are for you then he needs to
refer you out to another doctor - usually your family internist or a specialist, such
as cardiologist. Your surgeon needs to explain to you simply more than the risk or potential
side effects of the surgery. He also -- or he or she -- also needs to explain to you
the other options that are available, even if these are not his or her recommendations.
Every patient is entitled to know what the reasonable options are either to protect them
against potential injury or alternatives altogether to the surgery. A doctor cannot withhold this
information simply because it's not the way they do the surgery or because it might mean
that you would go elsewhere for your treatment. Now when a patient sues for lack of informed
consent, you will need -- he or she will need -- to prove that the doctor did not provide
them the specific information about the risks and benefits of the surgery for them or that
he failed to provide alternatives that a reasonable person might have chosen in lieu of options
presented by that doctor. Another question that people frequently ask is will I need
an expert to support my case? And the answer is yes. You will need a doctor to explain
to the jury what the reasonable and likely risks are as well as what the reasonable alternatives
are. You may have questions about your medical care and whether you received informed consent.
If you do, give me a call. We're here to answer your questions. We answer these types of questions
every day. Thank you for listening.