Individuals who suffer from chronic medical conditions and experience bothersome or painful side effects are often desperate to find relief. Doctors who treat patients who suffer from these types of conditions or disorders must therefore be careful to consider a patient’s psychological state when assessing a patient and recommending a treatment plan.
In some cases, the risks associated with a certain procedure or treatment plan may be great and nearly outweigh the potential benefits. In any case, doctors have a moral and professional obligation to fully assess a patient’s physical and psychological health prior to recommending or carrying out a procedure or course of treatment. Additionally, doctors must fully inform a patient of any and all risks and complications associated with recommended treatments.
A woman recently filed a medical malpractice lawsuit against a doctor and hospital who she contends are negligent in failing to properly diagnose her condition or inform her of possible serious side effects. According to the complaint, the woman sought professional medical advice related to tremors she’d suffered for years.
The doctor, who is named as a defendant in the case, recommended the woman undergo a surgical procedure in which an electrode was placed in her brain. The surgery, however, was not successful as the doctor was unable to properly place the electrode. The medical device was subsequently removed, but unfortunately the woman suffered additional neurological damage which resulted in her tremors worsening.
Today, the woman is unable to work as a result of her permanent disability. She filed a medical malpractice lawsuit to recover damages related to the physical and mental suffering she’s been forced to endure as well as medical expenses and lost wages. In her suit, the woman contends the defendants are negligent in failing to inform her of the risks associated with procedure as well as the fact that there were more qualified doctors and hospitals to carry out the procedure.
Source: The Louisiana Record, “Woman sues Tulane University Hospital, neurosurgeon after electrode implantation surgery,” Eliza Walker, Nov. 21, 2013
Failure to Diagnose