The big issue here is not risk per itself, but mostly that people were never informed of the surgeon`s status.
Give me the information so that I can choose and sign a properly written disclaimer. Not letting me know after the fact. I think I have the right to be kept informed and to freely decide of my options. Its people lives their gambling(educated and careful, but still a gamble) with. Can we at least choose thecasino`?.
I have yet to see what will happen if someone sues because they did get infected. My hunch? Out-of-court settlement, something like 10 000$.
Dont laugh about the 10K. Thats about the biggest thing that road-related-injuries-and-deaths government controlled agency pays here.
At least in America, people can sue the State`s ass off. Forget it here.