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Beware! Informed consent doesn't always include all the facts

Patients who are having medical procedures done usually have to sign a consent form for the procedure, especially if the procedure isn't being done in an emergency situation. Prior to signing the consent form, the medical professional should discuss the possible risks with the patient. In some cases, the devices used in the medical procedure are associated with risks.

All medical devices that are used legally in the United States must be approved by the Food and Drug Administration. In some cases, such as with power morcellators, unsafe devices make it through the approval process. In those cases, patients who suffer harm because of the use of the device might opt to explore the possibility of a product liability claim.

The informed consent that patients sign prior to a surgery might not cover all the dangers of a procedure. In the case of power morcellators, the danger of metastatic cancer wasn't widely known until the Food and Drug Administration issued a requirement for a black box warning. Some women who opted to have the minimally invasive surgery using the device ended up being diagnosed with metastatic cancer after the power morcellator spread cancerous cells throughout their abdomen as the uterine fibroid was sliced into small pieces for removal.

Suffering harm because of a medical procedure that was supposed to help you and was recommended by your OB/GYN is something that no patient wants to experience. If you or your loved one has suffered harm because of a defective or unsafe medical device, explore your options for seeking compensation.

Source: FindLaw, "Gross Negligence and Lack of "Informed Consent"," accessed Aug. 25, 2015

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