If I sign a consent form prior to doing intraoperative neurophysiological monitoring during my surgery, can I sue if the monitoring goes wrong?

Typically, if something goes wrong during a medical procedure, including a procedure in which intraoperative neurophysiological monitoring was done, you may be able to sue if you can show the medical provider committed medical malpractice. This is true even if you signed a consent form.

Medical consent forms normally disclose the risks of the procedure, possible complications, and may contain further information about the procedure. The medical consent form is not a waiver in which you give up all rights to legal compensation in the event something goes wrong. Instead, it just shows that you have been notified that there can be some complications involved in the procedure, so that you will be unable to claim later that you were unaware there were potential complications involved.

Intraoperative neurophysiological monitoring involves hooking electrodes to the body to monitor how the body reacts during surgery. This is typically done during surgeries involving the brain, spinal cord, nervous system, or other delicate surgeries. IONM can alert the surgeon if something is going wrong, and can in many cases prevent further damage. However, IONM can go awry. The equipment may malfunction or the technician may not be properly trained. In that case, you can potentially hold your medical providers liable for malpractice.

Call me, Conal Doyle, IONM malpractice attorney if you believe that you were harmed during a procedure in which intraoperative neurophysiological monitoring was performed. You have legal rights. Call today at 310-385-0567. My team can help. Call to learn more or to schedule a free consultation.