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What can be done regarding an injury suffered by a patient due to an experimental treatment that was used on them without their consent?

Question Details: Somone I love dearly had a stroke caused by the radiologist during carotid stenting. While a consent was signed that stroke was possible, we were told 1-2%, we didn't know that the radiologist wasn't going to use dystal embolic protection; he never told us verbally or mentioned it in a consent form. Later we found out from the insurance company that their claim was denied due to not using dystal embolic protection.They stated that the procedure was considered investigational,experimental and unproven. How can I present it to an attorney? Attorneys don't like to work much on the case that doesn't guarantee a 100% win, so won't even try. By searching different articles I found that the use of embolic protection techniques during carotid angioplasty and stenting is currently a standard of care. Interventionalists almost uniformly use an embolic protection device carotid artery stenting, EPD designed to reduce the risk of stroke caused by thromboembolic material dislodged during carotid stenting. Given the contemporary level of acceptance of embolic protection, any routine carotid stenting done without embolic protection should be done only with the institutional review board's approval and patient's consent.

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