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Knowledge is power when discussing our health. The more we know about our condition and the medications we take, the more power we have. Therefore, it is shocking that a doctor may fail to warn you about potential dangers or side effects, but it does happen, often enough to warrant laws against failure to warn in the medical field.
What does it mean, and what should you do if you or a loved one were misinformed about a treatment or procedure’s potential risks or side effects? Our skilled attorneys could help you learn more about Nassau County failure to warn medical malpractice cases.
Patients should be informed about potential risks before consenting to testing, procedures, and medication. Doctors who fail to fully explain side effects, risks, or alternative treatment options are often considered negligent. This is primarily because, according to New York’s Public Health Law § 2805-d, physicians dealing with nonemergency treatment plans must obtain informed consent from patients before treating them. Failure to obtain informed consent can put patients at risk without their prior knowledge or consent.
Typical situations where a failure to warn leads to a medical malpractice case in Nassau County include:
Patients unaware of what may happen or what to expect from their treatment options cannot adequately make an informed decision or give informed consent.
Patients who are not well informed about potential risks can suffer a variety of complications, including:
If patients are not adequately informed about the medications they may receive, the risk of allergic reactions increases. This is particularly important given that various names can refer to many medications but contain the same ingredients. There is also the risk of worsening symptoms or inappropriate treatment, which can lead to an extended recovery period. Sometimes, the patient may never fully recover from their original health concern because an additional problem now complicates it.
Patients generally rely on their physicians to treat them and make their illnesses disappear or at least improve. When a medical professional fails to inform them of risks and they suffer more harm, a patient can be left with fear, anxiety, and stress related to future healthcare needs.
Patients can seek compensation if they feel inadequately informed about their medical condition, treatment options, or risks. However, to file a failure to warn claim and win, there must be proof that the Nassau County healthcare provider:
The patient must also be able to establish that they suffered actual harm or injuries because they were not warned of potential risks.
Patients seeking medical malpractice compensation must start the process within two and a half years of the alleged malpractice. In New York, there are very few exceptions to this rule.
Nassau County failure to warn medical malpractice cases are often complicated. It can come down to a misunderstanding, or you may be able to establish easily that the doctor neglected their duty in your situation. The most crucial thing to remember is that you are not alone. Contact Duffy & Duffy today if you want to talk about your situation. We offer free consultations to help you determine your next steps.
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