My former doctor told me that I had to have gall bladder surgery to remove my gall stones, but he never told some of the side effects of the removal, including embarrassing diarrhea. If he had told me about the consequences, I would never have gone through with the surgery, especially now that I know that there are alternatives to treating gall stones. Is my doctor liable for medical malpractice?
How is liability determined in a medical malpractice case?
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Answer: (1)
Determining medical malpractice liability is predicated on whether a doctor has violated the acceptable standard of care as set by the medical community. Standards vary depending on the particular area of practice. The standard set for surgeons will differ from those set for a gynecologist, and this makes sense as the practices are vastly different. Medical experts and a thorough investigation of the facts are required to determine the actual malpractice as well as the liability attached to the malpractice. Generally, medical malpractice falls under three categories: failure to warn patients of risks; failure to diagnose; and improper application. Your circumstances seemingly fall under the first premise, a failure to warn. Courts have ruled before any treatment, a patient must have informed consent. The courts have also stated that when a patient is not informed about risks, the consent is not "informed."
Talk with a medical malpractice attorney to discuss whether or not your former doctor is liable for any malpractice.
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Posted by Sharon Cullars on 04 May 2010