What is informed consent in medicine?
Informed consent means a physician must disclose the material risks, benefits, and reasonable alternatives of a procedure so the patient can make an informed decision. Performing a procedure without adequate disclosure can be negligence (or, if no consent at all, battery), separate from any technical error during the procedure.
How do I prove a lack of informed consent?
You must prove three things: (1) a material risk was not disclosed, (2) that specific risk actually materialized and injured you, and (3) that a reasonable patient in your position — or you specifically, depending on the jurisdiction — would have declined the procedure had the risk been disclosed.
What disclosure standard do US courts use?
US states split between the reasonable-patient (materiality) standard — what a reasonable patient would want to know — and the older reasonable-physician standard — what a reasonable doctor would disclose. The materiality standard is now the majority rule.
Can I recover if the surgery itself was done perfectly?
Yes. Informed-consent liability is independent of surgical skill. Even a flawlessly performed procedure can support a claim if a material risk was not disclosed, that risk materialized, and you would have declined the procedure had you been warned.