Legal Question in Medical Malpractice in New York
I had a tubal ligation done and i was not told about the side affects is that malpractice on the hospital part?
2 Answers from Attorneys
It could potentially be malpractice if the side effect is not a side effect typical in a tubal ligation procedure. Moreover, malpractice can also be present when they do not give you the consent forms to sign and do not tell you of the side effects.
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Lack of informed consent may be used successfully in some medical malpractice litigation. But they tend to be difficult cases for plaintiffs. If you signed a consent form prior to surgery, you have an especially steep uphill battle ahead. Best, M. E. Zuller