Philadelphia failure to warn medical malpractice cases arise when healthcare providers fail to thoroughly discuss treatment risks with patients. When patients do not understand the risks, they cannot make informed decisions about their care, causing serious problems.
When doctors, nurses, or other medical professionals fail to perform this duty and patients are harmed, they may be liable for medical malpractice. The team at Soloff & Zervanos has extensive experience representing local victims of medical negligence and knowledge of how these cases evolve. Call our surgical error attorneys today for your free consultation.
State law requires healthcare providers to obtain informed consent before performing medical procedures or treatments. This legal doctrine states that patients have the right to make informed decisions about their healthcare by receiving comprehensive information, including possible risks, benefits, and alternatives. Claims involving failure to warn malpractice in Philadelphia represent a breach of the fundamental obligations protecting patients’ autonomy and dignity.
Informed consent is more than signing a form in a waiting room or before surgery. Healthcare providers must engage in meaningful discussions with patients, explaining procedures in clear and relatable language to help patients understand the information. Given the diverse population throughout local neighborhoods, this sometimes requires providing interpreters or translated materials to ensure proper understanding.
Risks that must be disclosed include both common and minor complications, as well as rare potential outcomes. The provider must discuss a risk if a reasonable patient would consider it significant when deciding about a procedure. To avoid medical malpractice lawsuits due to failure to warn in Philadelphia, surgeons must explain risks of infection, bleeding, nerve damage, or death, even if they are unlikely.
Medication risks represent a major category of failure-to-warn cases. Doctors and pharmacists must inform patients about potential side effects, drug interactions, and proper medication use.
Diagnostic test risks must be explained to patients because even routine tests can have complications. Patients undergoing biopsies should understand infection risks. Individuals undergoing a cardiac catheterization should be aware of potential reactions to contrast dye or damage to blood vessels. Magnetic resonance imaging procedures require disclosure of risks for patients with certain implants or claustrophobia issues.
Failure to warn cases often arise with surgical procedures. Patients must understand the specific risks associated with their specific surgery, not just general risks. A patient’s individual health conditions may increase certain risks, and providers must account for these factors when discussing potential complications. An elderly or diabetic patient has different risks than a young, healthy patient.
Qualified testimonies are critical in Philadelphia medical malpractice claims regarding the absence of disclosure. These cases typically require expert testimony on the standard of care, necessary warnings, and the application of negligence. Legal experts may also address the concept of informed consent.
Certificate of merit requirements in this state mandate that plaintiffs file a certificate from a medical expert stating the case has merit. This must be submitted within 60 days of filing the lawsuit.
The skilled attorneys at Soloff & Zervanos understand Philadelphia failure to warn medical malpractice cases and could thoroughly evaluate your situation. We collaborate with leading medical experts and possess the resources to engage with major healthcare institutions throughout the region. Contact us today for a free, confidential consultation to learn about your legal rights and options for pursuing your rightful compensation.
