If a patient died as a result of complications from WLS...

If a patient died as a result of complications from WLS and the patient's family has reason to believe that the doctors and the hospital overlooked some potential problems in the patient's pre-op results and that the hospital made some mistakes in the treatment of the complications that occurred, does the patient's family have a case for malpractice even though the patient signed consent forms understanding that the surgery had risks?

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