Every patient understands that all surgeries carry some level of risk. The nature and extent of those risks depend on the facts surrounding the individual\u2019s circumstances and the surgery being performed. But even though some risks are understood, issues can arise and surgeons can make mistakes\u2014and the patients may suffer devastating consequences as a consequence\u00a0of them. Sometimes, the injuries that result can give rise to a medical malpractice claim, even if the plaintiff consented to the procedure.<\/p>\n
Medical malpractice claims are brought when the care provided by a medical provider does not meet the applicable standard of care in the medical community, and causes the patient injuries. A plaintiff must demonstrate that the medical provider owed him a duty of care, that the care provided\u00a0fell below the standard of care, and that the plaintiff suffered damages.<\/p>\n