LACK OF INFORMED CONSENTMedical procedures can have varying complications. Therefore, the medical professional must explain the risks to the patient so they know what to expect. Cases involving a lack of informed consent may exist when:
- The doctor performed procedures the patient didn’t agree to
- The doctor failed to explain the uncertainties or the risks and benefits; and
- In failing to describe the risks adequately, the patient was prevented from choosing an alternative treatment or agreeing to the procedure performed.
EXTRAORDINARY CONSEQUENCESDoctors must describe all the benefits and risks of the treatments. But they sometimes skip the highly unusual ones. For example, a surgical sponge or instrument that is left behind after surgery causing infection or medical complications. If patients experience an extraordinary outcome, it may be due to a mistake such as a missed diagnosis. For example, if a doctor conducts a biopsy, but fails to report or treat cancer found in the biopsy. A bad outcome does always mean there was neglect. You need an experienced medical malpractice lawyer to evaluate the medical treatment and outcome.
OTHER DOCTORS TELL YOU ABOUT THE NEGLECTMedical malpractice can be determined if the practitioner’s honest about the mistakes, apologizes, and offers compensation. These are commendable principles. However, healthcare providers remain reluctant to accept their errors. Doctors responsible for follow-up care may inform you of the prior errors. Regardless of whether they’ve admitted their mistakes, if you’ve suffered harm at the hands of a doctor or hospital, you should talk to a practiced attorney to discuss your legal options. OUR MEDICAL MALPRACTICE LAWYER CAN HELP In a medical malpractice case, attorney Chelsie King Garza strives to achieve the best possible outcome for you. She takes the time and, with patience, understands the specifics of your case. To prove a medical malpractice case, you must demonstrate that:
- The offending doctor was in charge to care for the patient, owing a duty of care to the patient;
- The doctor breached the standard of care; and
- Caused actual harm resulting from the breach or error.