When a person makes the decision, with a medical professional, to go under for surgery there is always a risk. However, a medical provider, doctor and other medical professionals have the responsibility of educating a person about particular risks they could face when entering into surgery. Failure to do so can result in patient injury and the possibility of a personal injury lawsuit.
In Passaic County, a man was told he was considered low-risk for an eye surgery even though he had a risk of cardiac health issues. When he went under anesthesia, a type was administered that was high risk based on his condition and the monitoring equipment wasn't sufficient. This led to circulatory collapse which ultimately caused a serious brain injury due to lack of oxygen to the brain. Because of these and other factors, the man was awarded $3.2M from the defendants in a personal injury suit.
Part of the personal injury suit focused on the type of anesthesia administered. The injured received a sedative, as opposed to general anesthesia. The anesthesiologist cross-sued the practicing physician, probably based on the claim that he was not made aware of the patient's medical history and risk during surgery. Odds are, had he been informed with that information, he likely would have chosen another method to put the patient under.
The two practices in the cross-sue did settle out of court on an undisclosed amount. These type of medical malpractice instances seem whole-heartedly avoidable. Had the health condition of the patient been more heavily considered, a brain injury could have been avoided. That's what personal injury suits are for, to rectify for losses suffered.