Failure to Warn
Is your doctor really telling you everything? Unfortunately, doctors commit medical malpractice when they fail to explain the possible complications of a medical procedure before performing it, resulting in you or a loved one having surgery that was not wanted or had unexpected complications. Doctors may also commit malpractice by failing to inform or misinforming their patients about their qualifications and experience in performing the procedure.
When a doctor fails to warn you of the benefits, risks or alternatives to any surgery, medical procedure or treatment, or does not inform you of his or her qualifications, and the doctor proceeds with the operation or treatment without your consent, the doctor has committed a battery upon you. We represent clients in claims that arise because a doctor's battery caused the patient to undergo a medical procedure without the patient's consent.
Under the Medical Care and Reduction of Error (MCARE) Act, also known as Act 13 of 2002, in order to obtain informed consent, a doctor must:
- Explain about the surgery, medical procedure or treatment
- Tell the patient who will be performing the surgery
- Inform the patient about the qualifications of the doctor performing the surgery and the doctor's experience with that particular procedure
- Discuss the patient's current medical condition, the reasons for having the procedure, the odds of success, length of recovery, and cost of the procedure.
Generally, a doctor must obtain your written consent before performing any medical procedure, unless it is an emergency situation when the patient is unconscious or when the doctor is performing routine examination procedures, such as using a stethoscope to hear your heartbeat or checking your reflexes.
At Pogust Braslow & Millrood, Protecting Consumers Is Our Primary Goal. We recognize that doctors are under an obligation to warn you about any medical procedure. This means explaining the procedure to you, telling you about all the risks and benefits, and obtaining your written consent. The attorneys at Pogust Braslow & Millrood regularly handle medical malpractice cases. We thoroughly investigate every claim so our clients are assured that we will determine who was responsible, and seek compensation for their pain and suffering and other injuries.
When you need an attorney who will listen to you and handle your medical malpractice claim, you should immediately contact the attorneys at Pogust Braslow & Millrood. Just fill out this form, click here to send us an email or call us at (610) 941-4204. Take the first step toward protecting yourself and the ones you love by contacting us immediately.
|
