Birmingham Medical Malpractice Attorney for Failure To Warn Patient of Known Risks
Patients often trust that their doctor will provide the necessary medical care for their injury or illness and inform them of any risks they could face. Unfortunately, some healthcare professionals don’t provide adequate warning of possible side effects, dangers, or complications that could result from surgery, medication, or another treatment plan. At Farris, Riley & Pitt, LLP, the Birmingham medical malpractice attorneys take medical malpractice cases seriously and believe in fighting for justice for our clients.
You will not be alone as we’re seeking the maximum compensation you need to cover the medical bills and other expenses you incurred from risks you didn’t realize you were taking. You should not be responsible for these costs when your doctor’s actions put you in harm’s way. You deserve to hold them liable. Farris, Riley & Pitt, LLP can file an insurance claim or lawsuit on your behalf, obtain critical evidence, and aggressively pursue the financial award necessary to recover from any complications you experienced.
Don’t delay. Hire an experienced and dedicated attorney to be your advocate during this challenging time. Call Farris, Riley & Pitt, LLP at (205) 324-1212 today for your free consultation.
Medical Malpractice Based on a Doctor’s Failure to Warn
If a medical provider performs a procedure or provides a specific type of treatment without warning you of the risks first, that could be medical malpractice. Healthcare professionals must obtain what is known as “informed consent” before proceeding with a treatment plan.
A patient must know and understand all information about a course of treatment the doctor recommends, including the risks they could face. If the physician chooses not to disclose those risks, they could be held liable for injuries, medical conditions, or emotional distress experienced by the patient as a result of the treatment plan and any undisclosed risks.
Medical providers also have a duty to provide patients with other information, such as:
- The official diagnosis
- Their reasons for recommending a particular surgery, procedure, or treatment
- The risks and benefits of the treatment, medication, or procedure
- Alternative options to the recommended treatment, including the benefits and risks of those alternatives
If the doctor fails in their duty to warn, they could become responsible for the adverse effects. For example, let’s suppose a doctor is prescribing medication for an illness. They should discuss potential side effects, interactions with other medicines, and similar drugs that the patient could take instead. However, suppose the doctor doesn’t thoroughly evaluate the patient’s health condition or warn them that the proposed drug could cause drowsiness. The patient decides to take their recommended dose, and then they drive their car and end up in an accident after falling asleep at the wheel. The doctor could be liable for damages resulting from the accident if they never advised the patient of the side effects of the drug.
Common Complications Resulting from a Doctor Failing to Warn Their Patients of the Risks
Patients need all the information about a new course of treatment before moving forward. It’s critical that the doctor explains the side effects you might experience and the risk any type of medical intervention could pose to your health.
If you have a choice between two medications and you know one of them could react negatively with a current medication you’re taking, you’ll probably want to choose the one that doesn’t come with that risk. However, if your doctor doesn’t warn you of those risks, you can’t make an informed decision.
Inadequate communication between a healthcare professional and patient can occur at any time, from when the diagnosis of the medical condition is made to when the doctor provides post-care instructions. Complications, such as a heart attack or stroke, could result from a prescription drug. Organ damage or failure could happen during a surgical procedure.
The most common complications from undisclosed risks include:
- Internal bleeding
- Heart attack
- Allergic reaction
- Birth defects
- Damage to organs, nerves, or tissue
- Chronic pain
If you experienced unusual symptoms or side effects your doctor never warned you about, you should contact Farris, Riley & Pitt, LLP to discuss your case. You’ll need an experienced attorney to represent you and handle the legal aspects on your behalf. Cases like this can be complicated to prove and require sufficient evidence to prove the doctor breached his duty. We have the resources and knowledge to take on this complicated task and reach a favorable outcome.
What to Do If You Suffered Harm from Medical Malpractice
Failure to warn a patient of known risks is just as dangerous as performing an unnecessary surgery or administering the incorrect medication dosage. It’s your legal right to understand every possible outcome of your potential treatment when discussing treatment plans with your doctor. A lack of complete knowledge could lead to injury or the development of a disease. When you end up with a new medical condition from risks you didn’t know about, additional treatment and expenses you might not be able to afford could result.
If you suffered the harmful effects of your doctor’s failure to warn you of the dangers you could face, there are actions you can take. First, you should seek medical treatment, especially if you sustained an injury or notice new or worsening symptoms. You should also hire a lawyer from Farris, Riley & Pitt, LLP. We can handle every step of the legal process from start to finish so you can focus on recovering.
Be sure not to skip any of your doctor’s appointments. Insurance companies often look at gaps in treatment as evidence that there wasn’t an injury or that the injury isn’t as serious as claimed. They could use that information to deny your claim. While you’re treating your medical issues, Farris, Riley & Pitt, LLP can focus on investigating your case. We can review all your medical records and determine if a case can be made that your physician’s error caused unnecessary harm.
You Might Be Entitled to Compensation
If you suffered physical injuries, emotional distress, and other losses, you deserve financial compensation from the at-fault party. The various losses you could seek compensation for include:
- Medical bills
- Out-of-pocket expenses
- Pain and suffering
- Permanent disability
- Lost wages
- Lost earning capacity
- Mental anguish
Whether you filed an insurance claim or lawsuit, Farris, Riley & Pitt, LLP can determine the monetary value of your case. Your doctor’s negligence should not leave you with any expenses to pay yourself. While we’re reviewing all the facts, we’ll consider multiple factors to come up with the correct number. Some contributing factors might include:
- The type of injury, illness, or medical complication caused by the doctor’s failure to warn of the risks
- The effect of your condition on your quality of life
- Any disability, impairment, or permanent damage resulting from the medical malpractice
- The impact on your ability to care for your family
- The duration of medically necessary treatment
- The total cost of expenses associated with the case
- The estimated future cost for ongoing medical treatment
- The evidence showing the physician never warned you of the potential risks
At Farris, Riley & Pitt, LLP, our goal is to meet your needs and recover the maximum possible compensation on your behalf. You deserve the opportunity to seek justice and hold the negligent party accountable for what they have done. We will be your advocate and fight by your side until the very end.
Why Choose Farris, Riley & Pitt, LLP?
With over 20 years of experience, our legal team can effectively handle every part of your case from start to finish. You won’t have to worry about deadlines, paperwork, or communicating with the opposing party. We can take care of everything for you.
- Intake. When you hire us, the intake process will be easy and efficient. We’ll obtain all the necessary details associated with your case and get started with our investigation immediately.
- Medical records. We can request copies of all documentation associated with your injury or illness, treatment, and other necessary records. We’ll review everything we receive to determine whether the doctor made an error by not warning you of the potential risks of their treatment recommendation.
- Expenses. We can also request a copy of all medical bills, receipts, invoices, and documentation for any out-of-pocket costs you incurred. You shouldn’t be responsible for these expenses. The financial award you receive should fully compensate you for the total monetary value of your case.
- Eyewitnesses. There might have been a friend or family member with you while you were talking to your doctor. We can obtain their witness statement to use as evidence during the insurance claim or lawsuit.
- Insurance claim. After determining whether the medical facility or provider has insurance coverage, we can file the claim on your behalf. We’ll also submit the evidence we find and negotiate for a settlement we believe is fair.
- Lawsuit. If the insurance company provides a low settlement offer or denies the claim entirely, we can file a lawsuit. We have extensive experience in litigation and never back down from a challenging case.
The legal team from Farris, Riley & Pitt, LLP is available 24/7 to speak with you. You will receive personalized attention throughout your entire case. We believe in providing dependable customer service to our clients at all times.
If you’re worried about the cost of hiring a lawyer, you should contact us immediately. We take cases on contingency, meaning there are no upfront fees or costs. We don’t get paid unless you get paid.
If you suffered injuries because your doctor failed to warn you about known risks of medical treatment, call Farris, Riley & Pitt, LLP for your free consultation. We’ll be happy to discuss your case and the options you have for holding the negligent parties responsible for their actions. Call us now at (205) 324-1212 and let us help you get on the road to recovery.