For many people, it is difficult to decide to pursue a medical malpractice action. For one thing, the process of selecting a doctor is a difficult one and there is a trust relationship that is developed once a person finally has selected his doctor. It is tough to think about this professional having made a mistake that led to serious injuries. In addition, the doctor and other medical personnel often sit an individual down and describe a series of potential risks. When the patient decides to move forward with a particular treatment or procedure, he may believe that he signed up for any of the consequences. However, it is important to realize that a person harmed by the negligence of a doctor or other medical professional does have rights. Below are some of the questions to consider.
What should the doctor have disclosed to the patient before undertaking a treatment or procedure?
- The details about the condition from which the patient is suffering;
- The specifics of the treatment or surgery that the doctor is recommending;
- The reasonably foreseeable risks of the recommended surgical procedure or treatment; and
- Any therapeutic alternatives to the recommended treatment or surgery – these alternatives are determined by what other doctors with the same training and knowledge would consider reasonable under similar circumstances.
If a patient suffers serious harm, how does he know it was doctor error?
When a person suffers adverse consequences during a surgery or other procedure, it is important to gather all the evidence of what happened and have another doctor evaluate it. Although some negative health effects are unavoidable, many times a doctor was negligent in some manner that led to the injury. Experienced medical malpractice attorneys have expert medical consultants who can review the procedure and the negative consequences and provide an assessment of the likelihood of doctor error. Further physical examinations may then be necessary depending on the facts of the case.
Did the doctor disclose the risks?
A patient can be harmed as a result of not understanding what risks he was facing. Although a doctor does not have to discuss every possible risk, he does need to disclose those risks that a person could reasonably want to consider before making a decision between different treatment options. Although this sounds a little confusing, many medical malpractice cases are based on establishing what other doctors would have done under the same or similar circumstances. Preparing a list of the disclosed risks will allow an experienced medical malpractice attorney to compare it with what other doctors would have disclosed.
Did the doctor need to get informed consent?
Although informed consent usually is required, there are times when a doctor may proceed with treatment or surgery without it. Usually, this happens in an emergency room situation where life-saving action needs to be taken immediately. With limited exceptions, a patient would have difficulty maintaining a medical malpractice action under these circumstances, even if he would not have chosen the treatment if provided with a choice. Of course, mistakes made under these conditions still form the basis of a legal malpractice action. In very limited cases, a doctor may be justified in not disclosing certain risks based on the psychological state of the patient.
Medical malpractice cases are complicated endeavors that require skilled attorneys who understand how to arrive at the truth despite the obstacles put in place by the medical community. If you or a loved one was injured after undergoing surgery or medical treatment, the knowledgeable and dedicated Missouri Medical Malpractice Attorneys at Hubbard & Kurtz, L.L.P. are prepared to devise a compelling legal strategy to get you the compensation that you deserve. To schedule a time to meet with us, call us at (877) 535-1163.
