Final answer:
To win a malpractice lawsuit based on lack of informed consent, the patient must prove that the healthcare professional failed to provide adequate information, that they would not have consented if fully informed, and that there is a causal link between the lack of informed consent and the injury.
Step-by-step explanation:
In order to win a malpractice lawsuit based on lack of informed consent, the patient must prove several key elements to the court. First, they must demonstrate that the healthcare professional failed to provide adequate information about the risks and alternatives of the surgery. This can include evidence of the surgeon's failure to explain the possibility of paralysis as a potential outcome. Second, the patient must show that they would not have consented to the surgery if they had been fully informed. This can be proven by presenting evidence of the patient's values, beliefs, and concerns that would have influenced their decision. Finally, the patient must establish a causal link between the lack of informed consent and the paralysis, demonstrating that had they been properly informed, they would have chosen a different course of action that could have prevented the injury.