If I suffered a complication from a simple procedure and my doctor did not inform me of the risks associated with this procedure, can I sue for the cost of treatment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I suffered a complication from a simple procedure and my doctor did not inform me of the risks associated with this procedure, can I sue for the cost of treatment?
Also, how do I know whether a complication is common or rare for the purposes of a medical malpractice suit?
Asked on July 15, 2013 under Malpractice Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitoner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
It would be advisable to be examined by a second doctor, who can also review your medical records. That doctor can answer your medical question about whether or not the complication is common or rare. The issue in your potential medical malpractice is whether the first doctor exercised due care as stated above. The fact that you were not informed of the risks of the procedure and therefore were not able to give informed consent is a medical malpractice issue regardless of whether the complication was common or rare.
If the second doctor writes a report supporting your malpractice claim, proceed with your case. Your medical malpractice claim should be filed with the first doctor's malpractice insurance carrier. Obtain your medical bills, medical reports (especially the report from the second doctor), and documentation of any wage loss. Your medical malpractice claim filed with the first doctor's malpractice insurance carrier should include these items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. If the case is settled with the malpractice insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the the malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the first doctor. If the case is NOT settled with the malpractice insurance carrier, you must file your lawsuit for negligence against the first doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.