I had surgery to remove a cancerous tumor from my right breast. During the surgery, my doctor decided to remove a benign lump from the other breast. This meant extra post-surgery care, extra expense, and more time away from work as my recovery time was doubled. Although I am now physically fine, do I have the right to file a Tennessee medical malpractice lawsuit?

As a patient, you have the right to determine what you want done to your body. Before you consent to any medical procedure, your doctor must advise you of what will be done, why it is being done, the expected outcome, and any risks. This duty is known as providing informed consent.

Once you give your consent, your doctor is not allowed to perform any procedure other than the procedure that you’ve consented to. There are exceptions; if during surgery, the unexpected happens and your life is put at risk, your doctor has a duty to take all reasonable steps to save your life. It may also be reasonable for a doctor to remove additional cancerous tumors if they are found during surgery. But, most cases, a doctor cannot provide any additional treatment without additional consent.

If you agreed to have surgery on your right breast, your doctor should not operate on the other breast without getting additional consent. Because the doctor performed the extra procedure without your permission, you may be able to file a Tennessee medical malpractice claim based on lack of informed consent, even if you did not suffer an injury. You are likely to have a claim because the additional procedure was clearly not necessary.

If you have questions about medical malpractice in Tennessee or would like to discuss your own case, please contact the Memphis medical malpractice attorneys at Greer Injury Lawyers at 888-470-9143.