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Posted on 5/27/2008
Medical Negligence, Mistakes and Malpractice
Surgery Mistakes and Informed Consent: Doctors/Surgeons Must Inform Their Patients of Risks of Surgery; and Adhere to the Standard of Care
Medical negligence complaints often arise from mistakes made by surgeons during surgery. While some surgeries can be extremely difficult, and the likelihood of bad outcomes high, medical malpractice can and does still occur. A doctor performing surgery must adhere to the standard of care applicable to the physicians in that community, so even if a surgery is difficult, a surgery error can still be made giving rise to a supportable medical negligence lawsuit. Further, when a high probability of a bad outcome is likely from surgery, the doctor’s failure to explain the dangers of the surgery (i.e., the patient’s lack of “informed consent”) can give rise to medical liability, despite that those bad outcomes were a known risk of the surgery. Also, surgery candidates often are not informed that there are different ways to perform certain types of surgeries, with a particular type possibly being more risky. For example, a common shoulder surgery is “rotator cuff repair” surgery. This procedure can generally be done using one of three accepted methods: the “open” procedure, the “mini-open” procedure, or the “arthroscopic” procedure. While with rotator cuff repair the surgeon’s own skill and experience may determine which surgery procedure he or she uses, the patient should be informed of the risks, pros and cons of each procedure type. A known risk of rotator cuff repair surgery is “deltoid avulsion,” which is when the primary shoulder muscle, the deltoid, detaches after surgery and slumps down. This surgical problem can arise when the surgeon removes too much bone during the repair of the rotator cuff, and the likelihood of this cause may be increased through the use of the “open” procedure. Deltoid muscle avulsion can be a painful condition, and usually requires an additional surgery to correct. A North Carolina medical negligence lawyer can help you with your concerns about surgical negligence, mistakes or errors. A bad outcome does not necessarily mean that medical negligence or malpractice has occurred, but if you or someone you love has been injured, hurt or killed wrongfully as a result of surgery; contact my law office for a free consultation. Our call center and main office is in Fayetteville, but I can arrange to meet with prospective clients at our location in either Raleigh or Wilmington as well. In some cases, I am even willing to travel to your home to discuss your matter. Feel free to contact The Law Offices of Thomas Waitt Pleasant with your medical/surgical error concerns.1 Comments to "Surgery Mistakes and Informed Consent: Doctors/Surgeons Must Inform Their Patients of Risks of Surgery; and Adhere to the Standard of Care"
As frequently as we hear this in all areas of life, I believe communication is even more key when it comes to the doctor/patient relationship. Patients frequently complain about doctors that seem to be in a hurry and that they feel that they don't really know their doctors. When it comes to something as major as a surgery, regardless of how busy my schedule might be, it's essential to explain every aspect of what we are planning to do to the patient so they can be absolutely sure they want it done and know what to expect. Even an omitted sentence or two could make the difference between a satisfied patient and a malpractice suit.
Posted by Paul Napoli
on December 2, 2011 at 11:15 AM
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