Disclosure of reasonably foreseeable risk. Can the doctor be used as an expert to show that risk, if it was known to him ?
December 1, 2014
The risk was unavoidable and it involved the ligaments injury, which I was not made aware of. I would never allow the " rack torture". Can I pressure him to testify as an expert to show that the risk was foreseeable, known to him, as it was unavoidable and intended result of surgery to rupture my ligaments? The statute can support the rest,i.e. he had the duty to disclose it?
It is impossible to find an expert. But do I really need one in this situation ,where the foreseeable risk was known to the defendant and I would opt out, if it was disclosed.
I think what you're (bravely) seeking to do is show that your damages were an inevitable consequence of the surgery done, and if you'd known that, you wouldn't have consented to that surgery. If you think you can "pressure" the defendant on the witness stand to provide an expert opinion that he committed malpractice, don't be surprised if it doesn't go as planned!
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