There are two types of medical malpractice actions. One asserts that the doctor violated reasonable medical standards in doing something or in failing to do something. Operating on the wrong part of a body or failing to sterilize an instrument, are examples.

The second type of malpractice is failure to obtain informed consent. Operating on a person without informing them of the risks involved is an example.

A patient may have claims of only one or of both types against a physician, but the two claims are independent. Even if the doctor operates as carefully as a reasonable doctor would in similar circumstances, the doctor is liable if she fails to obtain informed consent. See the first full paragraph on page 186.

Return to problem 3