Your mom had been having some minor medical issues for a while, and her doctor recommended surgery to relieve the problem. You and your mom expected this to be a fairly routine procedure, so you’re absolutely stunned when your mom suffers a debilitating stroke either during or immediately after the surgery.
Even more stunning, the doctor looks at you and says, “Well, at her age and with her particular health conditions, this was always a known risk.” That’s the first time you heard anything about the possibility and you’re positive your mother didn’t know the danger.
Is this malpractice? It could be.
INFORMED CONSENT IS CRITICAL TO PROPER PATIENT CARE
Doctors have a duty to make sure that patients understand the full risks of any procedure or treatment they’re about to undergo. Patients should also ensure their understanding of the risks of not having the procedure done so that they can fully weigh their options.
Discussing the risks with the patient when suggesting the procedure is more valuable than simply handing them a piece of paper with the risks listed and asking for their signature after they’ve already been prepped for surgery. when it is decided upon, and again before performing the surgery.
It’s true that there are few guarantees when it comes to medicine, especially surgery. Not every bad outcome is an act of malpractice. Bad things do just happen. However, if someone did not fully inform you or your loved one about the potential risks before you made the choice, that’s akin to depriving you of a choice altogether.
If you believe medical malpractice is involved in your loved one’s condition, find out more about your legal options.
