Health

Understanding the Complications of Medical Negligence Cases – A Brief Guide

One of the first things that you need to know about medical malpractice cases is they are negligence cases – just like any other case. However, because of the specific nature of things that have to be proved in medical malpractice cases, you can expect loads of complications.

Medical Malpractice is About Negligence

It is quite common for the defense to approach a medical malpractice case by saying that this is something they knew was a risk going in, and doctors are not magicians but human beings, and things can go wrong even when you are doing everything right.

In case of medical malpractice that results in death, the defense might say that the doctor had you sign a form ahead of time saying that such and such complications could arise. They might then proceed to challenge the case, stating that it is wrong if you sue them when they tell you that things might happen in the way they happened.

Can You Sue Despite Signing A Medical Liability Waiver?

Doctors have their patients sign medical liability waivers to ensure that they cannot pursue legal action if something goes wrong during a medical process, such as surgery. However, given the circumstances, you might still be able to sue the doctor for medical misconduct and negligence in the following scenarios:

The Waiver Was Misleading

You can sue the healthcare staff if the medical liability waiver was misleading. The waiver could have been obscure and not readable or simply difficult to understand. It could also be for the medical liability waiver to contain misleading information.

The Doctor Did Not Explain the Risks to You

Now, you might have been given the medical liability waiver to sign, but it is also mandatory for you to give your informed consent. It is the responsibility of the doctor or hospital staff to explain to you the risks as well as benefits of the procedure. You also have the right to be told about any existing alternatives.

The Damage Was Not A Known Risk

Many medical liability waivers only cover the “known” risk of the surgery or medical procedure. So, you have the right to sue the doctor despite signing the waiver if the injury or damage is not a known risk.

Gross Negligence Leading to Death

You have the right to Suing for Damages in Wrongful Death if you lost a loved one due to gross negligence where the healthcare clearly deviated from the set standards of care and acted in a reckless manner. The lawyer will prove in court that gross negligence caused the wrongful death of the affected individual.

The Waiver Was Signed by A Minor

Yes – you read this right. Things like these can happen. You can bring on a medical malpractice claim if you signed the waiver under duress or if you are a minor who signed the waiver.

Always Hire A Lawyer Who Specializes in Medical Malpractice

Now, it is in your best interest to hire a lawyer who explicitly deals with medical negligence cases because that lawyer will be able to put things back onto the doctor and ask them if they knew there were known complications and possibility of dangers – then the respective healthcare provider and their staff should have a heightened sensitivity to the risks.

The lawyer will tell the doctor that they should have been more aware of the fact that something could go wrong, what you can do about the potential symptoms that might arise, and what you can do to save the patient.

Defense Will Highlight the Known Dangers

In case of medical negligence, the lawyer will present the case in a trial where they will state that there is a known danger, which the defendant is using as their defense. The lawyer, in their opening statement, will say that the known danger, in addition to the failure to evaluate the evidence of the known danger, is what leads to harm to the patient.

The lawyer will embrace the known danger, but they will let the jury know about the added element of the fact that the doctor has ignored the known threat.

In other words, the lawyer will say that even though the doctor knew there were known complications, they should have been on alert if something went wrong.

Does Known Danger Mean No Negligence?

Here is the thing: if a potentially bad outcome falls in the category of “known dangers,” it doesn’t necessarily prove medical negligence – however, it doesn’t rule out medical negligence either. For instance, if a patient has an infection after surgery, it can mean that the infection was caused by medical negligence.

The doctor or staff might have failed to sterilize the surgical instruments, causing the patient to develop an infection.

In this example, there is enough evidence of medical negligence where the doctor can be sued for medical malpractice. Simply because an infection is a known danger, it doesn’t give a doctor the free way to act unreasonably.

Do Side Effects Mean Negligence?

It is important to mention here that medicines can have side effects, which means that all prescription drugs can come with their respective known dangers. If the doctor prescribes the right medicine to the patient and in the right dose – and the patient still develops a side effect, it doesn’t fall under the category of negligence.

On the other hand, if the doctor prescribed the wrong medicine or the patient overdosed – it can be a potential case of medical negligence.

The Close Connection of Known Danger and Informed Consent

The concepts of known danger and informed consent are different yet closely related. Apart from getting informed consent, it is the responsibility of the hospital staff to disclose the potential dangers of the medical procedure. Typically, such known dangers are disclosed on a medical liability waiver.

Nonetheless, if the doctor had the patient sign the waiver without disclosing the potential dangers, it indicates medical malpractice because the patient has the right to make informed decisions. In this case, the patient will have a medical negligence claim for the injury they suffered during or after the procedure.

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