Patient Sues Podiatrist after Surgery Leads to Complications

When you undertake a medical procedure, there always are risks involved.  It is the role of the doctor to describe those risks to the patient in a manner that the he or she can understand.  The doctor also needs to describe the potential benefits so that the patient can weigh the pros and cons and make a decision that works for him and his family.  If the doctor does not explain all of the relevant factors, including the likelihood of success with an alternative treatment, then the doctor may be liable for medical malpractice based on lack of informed consent.  This claim usually is combined with other negligence that led to patient harm.

There are many different medical procedures that a person may require during the course of his or her lifetime.  Some of these procedures may be necessary to save the life of the patient, others may be conducive to a better quality of life, but may not be strictly necessary to preserve the life of the patient.  The type of procedure and its necessity to the overall health of the patient is going to be critical to the doctor’s explanation.  The doctor also must provide information about what might happen if the patient chooses to do nothing.  These are factors that must be part of the discussion in order to have a valid informed consent.  When this does not happen, there may be lawsuits filed against the doctor, like the one that a patient filed against his podiatrist on November 26, 2013.

A case out of Louisiana demonstrates how critical informed consent can be for a patient.  According to the news story in the Louisiana Record, a patient was diagnosed with a lesion under a bone in his foot.  There were a number of different treatments that were attempted using allegedly caustic substances.  Unfortunately, these treatments led to an ulcer and, eventually, unsuccessful skin grafts, but failed to correct the issue that was created by the initial procedure. These medical treatments resulted in damage to the foot that included scarring and deformity and resulted in disability.  The patient also claimed pain and suffering and loss of enjoyment of life.

The fact is that most people would never choose to undergo a treatment like this knowing that the outcome would be terrible pain and loss of full functionality of the limb involved in the medical procedure.  However, hindsight is twenty/twenty and patients do not have this luxury, but what they should have is the comprehensive explanation of the doctor about potential risks.  Although it is impossible to know for certain that something like this is going to happen after a specific medical procedure, it is incumbent on the doctor to provide a clear explanation of the possible problems.  In the article, the treatment involved the use of caustic substances, including carac, phenol, and cantharone.  It is the obligation of the physician to make sure that the patient understands that a treatment can have negative consequences so that the patient can make an informed choice.

Every time a patient undertakes a medical procedure, there is a risk that something can go wrong.  Informed consent is not a guarantee that there will not be any complications, but rather is a process by which the doctor conveys the relevant information to the patient in a way that he or she can understand.  When you have gone through a medical procedure and suffered harm as a result, the skilled and dedicated Tennessee medical malpractice attorneys at Bailey & Greer, PLLC can evaluate what happened in your case and determine whether there is a viable cause of action for lack of informed consent, along with other potential negligence claims.  To schedule a meeting to discuss what happened to you, call us at 901-680-9777.  At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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