Legal Question in Medical Malpractice in Arizona
Surgery exceeding the agreed upon limit
I went to a periodontist for treatment of a painful tooth. He insisted on general anesthesia although I requested a local injection. When he finished I found that he had performed periodontal surgery involving four teeth without getting my permission by waking me (very easily done as the depth of anesthesia was very light). Is he guilty of assault, or at least of unprofessional or unethucal conduct?
1 Answer from Attorneys
Re: Surgery exceeding the agreed upon limit
Elective surgical procedures performed without the patient's written, informed, consent are often times viewed as assault and battery in the law. If you signed a release, however, read it carefully because many provide that the surgeon may perform further work than discussed if s/he discovers something as they proceed which was not previously apparent. Also, if you needed the work and the work was properly performed, you probably do not have a significant legal civil claim.
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