Under NY law, a Dr. is required to advise you of the risks of any planned surgery and the various alternatives that may be available other than the particular type of surgery they are recommending for you. This is called “informed consent” and it means that you are supposed to be provided with all the information necessary for you to make an informed decision about whether you have the surgery or not.

It is common practice in hospitals for patients to sign a form giving the doctor their consent, or approval, to perform surgery. In the form, the patient usually consents to the specific surgery as well as to any other procedures that might become necessary. Before you sign it, your doctor should give you a full description of the surgery and the risks involved, and the ramifications of not getting such treatment. If you can prove that your physician misrepresented or failed to adequately inform you of the risks and benefits before surgery, your consent may be invalid.