Patients consent to minor procedures every day: biopsies, injections, outpatient surgeries, scope procedures, etc. There’s a reasonable expectation that the risk is low and the recovery will be straightforward. Most of the time, that’s true.

But when something goes wrong during a procedure a physician described as routine, patients are often told the same thing: “This sometimes happens. It’s a known risk. There’s nothing we could have done differently.” That explanation is sometimes accurate—but often, it’s not.

The Gap Between “Known Risk” and Negligence

Every medical procedure carries risk, and patients sign consent forms acknowledging that. But a consent form is not a blanket shield against malpractice. The legal standard isn’t whether a complication was possible; it’s whether the physician met the accepted standard of care.

Consider a patient who undergoes a routine colonoscopy and develops a bowel perforation afterward. The physician points to the signed consent form, which lists perforation as a known risk. But an investigation reveals the physician applied excessive force during the procedure: a technique error that caused the perforation. The complication was listed as a possibility, but the negligence that caused it was not inevitable.

When the injury traces back to a failure of skill, judgment, or protocol, the label “low-risk procedure” doesn’t change the legal picture.

What Patients Are Entitled To

Regardless of how “routine” a procedure is described, patients have specific rights that don’t disappear when something goes wrong:

• The right to informed consent, a genuine conversation about risks, alternatives, and what to expect, not just a form to sign.
• The right to competent care, performed by a qualified provider using proper technique and appropriate equipment.
• The right to adequate monitoring before, during, and after the procedure.
• The right to prompt follow-up. When warning signs appear after discharge, they must be taken seriously and addressed quickly.

When any of these rights are violated and a patient is seriously harmed as a result, a malpractice claim may be the only path to accountability—and to the compensation needed to cover the medical bills, lost income, and ongoing care that follows.

The Law Offices of Tim Misny can help you with your medical malpractice claim. When a physician’s failure turns a minor procedure into a major injury, I’ll Make Them Pay!^® Call my office at (877) 614-9524 so I can evaluate your case right away.