Legal Question in Medical Malpractice in Nevada

No prior consent to remove appendix

I had female surgery last year. My doctor and I came up with a surgery plan for any unexpected problems, which I agreed to and signed. When I awoke from surgery I was told that besides the agreed ovary and tumors he also removed my appendix. When we asked him why, he said it was so that I wouldn't have issues with it in the future. There was nothing wrong with my appendix and I never agreed to have it removed. Is this legal?

Asked on 7/02/09, 10:37 pm

1 Answer from Attorneys

Jonathan Reed Reed & Mansfield

Re: No prior consent to remove appendix

You raise a very interesting question. Logically, you would think that if the surgeon believed it wise to remove an appendix if he was operating on your abdomen, he would have discussed that with you before operating. However, to prove real damages you would have to show that you lost some benefit in having your appendix removed. There is some thought that the appendix may have a role to play in your body's immune system. However, I think it would be hard to show real damage. Also, I am just speculating, but I imagine if you made a claim against your surgeon he might come up with some argument that with the tumor you had you had a greater risk of some problem with your appendix.

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Answered on 7/03/09, 12:38 am

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