If I was warned of the risks before a procedure, how can I sue if something goes wrong?
Waukegan, IL medical malpractice attorney Scott Gibson talks about how someone can sue if something goes wrong in a procedure if they were still informed of the risks.
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Well, that’s called informed consent and there are cases where the informed consent may not be adequate, but even if someone is informed of a potential problem that could occur in a surgery, for instance, that isn’t going to be a bar to a case because the doctor, the surgeon, the nurse, the hospital, whoever we’re talking about has to comply with the standard of care. And the standard of care, if it is violated, which means that a medical doctor or a nurse, et cetera, does not comply with what the standards require, or omits doing something that was required, then we have a right to bring a case if that mistake causes either injuries or death. The informed consent does not wipe away the ability to bring that case because the law recognizes that no one consents to malpractice.