Every patient understands that all surgeries carry some level of risk. The nature and extent of those risks depend on the facts surrounding the individual’s circumstances and the surgery being performed. But even though some risks are understood, issues can arise and surgeons can make mistakes—and the patients may suffer devastating consequences as a consequence of them. Sometimes, the injuries that result can give rise to a medical malpractice claim, even if the plaintiff consented to the procedure.
Medical malpractice claims are brought when the care provided by a medical provider does not meet the applicable standard of care in the medical community, and causes the patient injuries. A plaintiff must demonstrate that the medical provider owed him a duty of care, that the care provided fell below the standard of care, and that the plaintiff suffered damages.
Consenting to Medical Care
In many cases, when a patient undergoes surgery, they have already explicitly consented to the surgery. In fact, a patient’s express or implied consent is generally required for all procedures performed by health care professionals. However, in order to be valid, a patient’s consent must be informed—which means being fully aware of the risks and alternatives.
In Illinois, in order to present a malpractice claim based upon lack of informed consent, a plaintiff must generally show four elements. First, that the medical provider had a duty to inform the patient of the risks and reasonable alternatives. Second, that the physician failed to disclose, or failed to adequately disclose, the risks. Third, that as a result of the failure to disclose the risks, the patient consented to treatment, which he would not have done otherwise. And fourth, that the patient was injured as a result.
Woman Sues University After Being Paralyzed Due to Botched Surgery
According to a local news source, one woman recently filed a $15 million medical malpractice claim against the University of Iowa Hospital for a surgery that paralyzed her. In 2014, the woman was 52 years old and was a full time cook. After experiencing hearing issues, doctors found two benign tumors.
She underwent surgery soon after. According to one news source, the surgeons accidentally cut her middle cerebral artery during the surgery; it was one of three major arteries that supply blood to the brain. As a result, the woman suffered a stroke. She was paralyzed on her right side, and could not speak, swallow, or control her bladder. She eventually regained some ability to speak but is still unable to care for herself. She now requires 24-hour care, which will likely continue for the rest of her life.
Earlier this month, the woman filed a claim against the state, alleging that the surgeons failed to meet the standard of care required in her medical care. The claim alleges that she did not give appropriate informed consent.
Have You Received Negligent Medical Care?
Medical malpractice claims allow people to recover for damages due to the negligent medical care they received. The lawyers at Moll Law Group are committed to helping you recover the money that you deserve. If you believe that you may have been a victim of medical malpractice in Chicago or the surrounding area, the attorneys at Moll Law Group are available to help you. We help people file claims who have suffered from a misdiagnosis, a surgical error, a birth injury, or another form of medical malpractice. If you want to learn more about filing a medical malpractice claim, fill out our free consultation form or call us at 312-462-1700.
See More Posts:
Recent Case Discusses How Settlement Terms Can Bar All Future Claims, Illinois Injury Lawyer Blog, March 1, 2016.
Safer Technologies in Cars, But Not For Everyone, Illinois Injury Lawyer Blog, February 2, 2016.
Court Considers Causation Issues in Defective Gun Case, Illinois Injury Lawyer Blog, March 8, 2016.