As a result of shared medical decision making, a patient undergoes a surgical procedure that results in paralysis. What must the patient prove to bring a successful malpractice suit based on informed consent?
Note: Credit will be given only if all correct choices and no incorrect choices are selected.
Select all that apply.
1. The patient had no part in the decision to operate.
2. The procedure's known risk of paralysis was not explained to the patient.
3. Since the decision making was shared, no malpractice suit is possible.
4. It was the procedure that caused the harm.
5. That the amount of damage to the patient cannot be determined.
2,4
Rationale: This patient participated in shared decision making and therefore had a part in the decision to operate. There is no need to prove that this participation did not occur in order for malpractice to be proved.
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