The vast majority of cases will ultimately hinge on which medical expert the jury decides to believe. It is true that as the case develops and the experts are deposed, your attorney may have more of an educated guess about how things might go in court, but there will never be certainty. Medical facts are too complex and the influences on jurors too unpredictable.
Im going through this right now, a dr. Did a 45 min eval on me at the request of dfs just to make sure i was "ok" an this woman said i was borderline psychotic and narcissistic. . she made up lies on the report to support her claim.. And i cant get a 2nd opinion because dfs only excepts reports from workers in their department... I dont know what to do. These people are the devil.
Valid observation!!! Big time… as someone who survives with chronic pain it is ultimately and solely my responsibility to manage self control. And if I don’t I have no one to blame but myself. I’ve read stories and have watched documentaries about people and families blaming Doctors I absolutely do not agree unless a doctor ihas history and is “well aware” the patient has an addictive type personality or does not make the patient aware of the addictive risk to the meds.,which that does not happen! I lost a friend to an overdose six years ago,(a R.N. who knew better!!) never once did I entertain the thought the doctor was responsible, No disrespect to those who have addictions but I’ve gone to the E.D. for help in the past before my surgery where they were so kind as to give me a shot of Gods knows what,I don’t remember asking or caring. It absolutely relieved me of my pain but I feared and hated that feeling so much. Its hard for me to understand who would want to live with that scary feeling everyday all day long. Doctors intentions when giving us medicines is to help us, don’t let them be the scape goats to your weaknesses, if you get addicted its your fault and you know it your fault. Own it,be accountable and get help. Put blame where blame is due. I’m just saying…..
As fear over “spurious claims” grew, and the lucrative nature of malpractice payouts became clear, legislation began to account for the concept of shared fault in medical malpractice claims. Many states arrived at the conclusion that a medical professional was not always exclusively responsible for the injury incurred. The doctrines of contributory and comparative fault allow the jury to assess the claim and assign a correct amount of blame to plaintiff as well as the defendant. Allowing fault to be shared promotes responsibility for both parties.
Doctor Mistake, Serious Injury – Despite significant harm to the patient, sometimes it is impossible to prove a case of medical malpractice against a physician. For example, an older patient with a heart condition may die after receiving the wrong medication. After an investigation, experts may determine that although the physician prescribed the wrong medication, the incorrectly prescribed drug had the intended effect on the patient. In this case, there is physician negligence (for prescribing the incorrect medication), but no causation (the mistake did not cause the harm to the patient).
I became physically dependent because of having 4 surgeries in 2 years. 3 knee surgeries and 1 for appendix. My appendix wasn’t the usual way where it’s extreme pain for a day or two and taken, mine as slowly getting larger and painful for a month and a half before it was taken out. I was taking the medication for pain and even with tapering, it wasn’t working because I was so dependent for pain. I kept taking them to not deal with the withdrawal. I think pain medications are needed, but there aren’t enough safeguards. How come a doctor needs to prescribe 90 or 120 pills at a time. Some doctors are very conscience of pain medications and their effects, but we do need more safeguards. I never got high or hardly drank for that matter before my surgeries, but most people take them to not deal with the withdrawals. My point is there needs to be more safeguards in place.
Patients choose not to pursue valid medical-malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear—incorrectly—that it will lead to an increase in the cost of their medical care. And others forgo valid claims due to the perceived personal and financial costs associated with litigation.
In fact, filing a civil suit against your doctor does not even guarantee that he will be investigated. In order for your doctor to be investigated, a complaint would have to be filed against him with the New York State Department of Health. The Office of Professional Medical Conduct (“OPMC”) is responsible for investigating complaints about physicians, physician’s assistants, and specialist assistants. An investigation may lead to a formal hearing before a committee of the Board for Professional Medical Conduct.
A steady uptick in medical malpractice cases can be attributed, in part at least, to the decline of religious fatalism. It was a pervasive belief that misfortune and injury were acts of God, meant to be construed as punishment for moral and religious transgressions. Overturning this belief may be considered a far-off ripple effect of The Enlightenment, a historical ‘moment' at which prominent European thinkers began to reject the notion that everything was determined by the will of an omnipotent God. As philosophers and scientists alike began to promulgate the idea that willful human action was the true determinant of fortune and misfortune, a fringe effect was the rise of medical malpractice litigation, a century or so later. As people began to accept that injury and misfortune could be attributed to human error and not God's will, they began to assert an entitlement to recompense if they suffered as a result of human error. This was a brick in the foundation of medical malpractice litigation.
It might have something to do with the government plans for GP,s to work -8am -8pm -SEVEN days a week –AND – consult with patients on Skype and email. But that just one of the issues GP DR Sarah says in her blog – which to me sounds fair comment– patient.info/blogs/sarah-says/2014/04/gp-extended-hours-great-in-theory-but/ To me this is just a devious government action to justify full privatisation of the NHS . A step at a time–public anger– bad GP,s -government- we can help — then the next “problem ” initiated by the government till – the SUN newspaper – GP,s “damaging” patients health and – look how “good ” the American system is (full privatisation ) we should get it here , and all the Lemmings jump off the cliff in agreement. I should add the rich Lemmings survive, pity about the poor.
Another motivating factor: A quick, honest “apology” might prevent a future claim, or provide an opportunity for a settlement without the need for litigation. Insurance companies typically want to settle with an injured person directly if they can, and this allows them to do so before the full extent of injuries are known, as well as preventing the injured person from hiring an attorney who could increase the settlement value of the claim through their representation.
I have tried to work with local psychiatrists and pain management providers to limit addictive medications to our mutual patients. I often find many providers claim lack of awareness to patient addictions and even document the same in notes. This seems disingenious at times since searches of state prescription monitoring programs can easily review multiple refills and multiple providers. This leaves me to address this with the patient and create a “preferred provider” network of more “attentive” providers, to put it politely.
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Dave took over my wrongful death case after it was badly messed up by another lawyer. He was dogged in his pursuit of all the information needed to make a solid case, and he succeeded in bringing it to a very satisfactory settlement. He was honest and straightforward, kind and compassionate through meetings, depositions, court appearances. I highly recommend him. Christine
I think general practice should operate 08:00 – 20:00 every day including weekends and bank holidays. It does not automatically mean doctors, nurses and ancillary staff working longer hours overall. Nor does it mean that the same levels of staffing will be necessary throughout the opening hours and some weekday sessions might be reduced to allow for the additional weekend ones. Equally it should not require the full receptionist, pharmacist and other support services throughout the weekends. I don’t see any attempt at backdoor privatisation through this policy – doctors are already self-employed in any case. If patients want to have private medical treatment at their entire expense I don’t understand any objections to that and, to the extent that it takes some of the pressure off the NHS, it is probably a good thing on balance.
An average person does not know how to correctly file a report against a doctor who has committed medical malpractice. Further complicating matters is the fact that each state has its own procedure for filing complaints against physicians. Generally, you should file the complaint with your state’s medical board. Each state has its own medical board and its own forms and requirements for filing complaints against doctors.
Errors in treatment go hand-in-hand with diagnostic errors. If your physician negligently misdiagnoses your condition, it is likely that the treatment prescribed will also be improper. For example, if you were misdiagnosed with cancer, any prescribed chemo or radiation therapy could have a detrimental effect on your health. This error in treatment -- which is dependent upon your physician’s negligent diagnosis -- also constitutes medical negligence and malpractice.
The Seattle medical malpractice lawyers at The Tinker Law Firm, PLLC can help if you have reason to believe that you or a loved one was harmed by a negligent breakdown in the communication of medical test results. Our attorneys have recovered millions of dollars on behalf of those injured by negligent medical care. For a free review of your case, complete our online contact form.
As for your attempt to on the one hand to frame doctors as greedy drug dealers responsible for for most of this countries drug abuse, while at the same time trying to shame them into believing that theirs is a selfless avocation, some kind of priesthood where anyone not willing to martyr themselves to an ungrateful public, shouldn’t be able to practice. -Well i think you’d better put down whatever pills you’ve been swallowing, and come back to reality. Medicine is a profession, and its filled with human beings, not saints or demons. Human beings who will choose their own well being over that of a potential enemy every time just as YOU would. And greedy lawyers, unscrupulous patients, and unwitting juries all over this country are increasingly causing doctors to view their patients as potential enemies.
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The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
When considering whether or not you can sue a doctor for negligence, you must ensure you bring suit within the deadline set by law, called the statute of limitations. All civil claims and lawsuits must be filed within a certain period of time. In the case of Florida doctor negligence, a patient ordinarily must bring a claim or lawsuit within two years after the patient discovers—or should have discovered—the injury. At the very latest, you must file the lawsuit within four years from the date when the alleged malpractice took place.
I thought my first encounter with my new psychiatrist was traumatic but after reading everyone's comments I don't feel like I was abused as badly as so many of you were. I am doing research because this doctor was so rude and unprofessional that I actually was traumatized when I left his office after our first session. After reading and doing some research I have found that unfortunately I can not sue him for medical malpractice but you can bet I am going to report him to every medical organization I can. I have already gone to the hospital and spoken to upper management and they have forced him to prescribe my medication in the correct quantity after he lied to me in session and told me he could only prescribe a 30 day quantity. How am I supposed to make it through the other 2 months before my next appointment with him if I only have a 30 day supply? Idiot. He was irritated with me because even though he had my chart (my regular doctor abruptly left her practice 8 days before my scheduled appointment with her) and I was shuffled to this clown and they sent all my records to him (or so they said). He kept asking ME which of the meds listed on my chart were my psych meds and got irritated when I told him I didn't know. That's when I started to get nervous. If he was a real doctor, how is it he couldn't pick out the psych meds from everything else on my list? He asked me why I was taking so many anti-depressants. I thought to myself--that's a stupid question-I am the patient, I didn't prescribe them so how would I be able to even begin to answer that question? He explained that giving anti-depressants to a bipolar was like giving them rocket fuel. Then he snickered and said that maybe I had pissed off my last doctor( I suppose as an explanation for why she was overmedicating me and according to his opinion after seeing me for all of 15 minutes that I was too manic) As he perused my chart he saw something he didn't like and he said, "Shit!" I thought ok, that wasn't very professional. As he proceeded to ask questions, when I answered them (or I should say tried to answer them) he would interrupt me when he felt he'd gotten the information he needed and he'd say, " ok, that's all I need to know". He cut me off mid-sentence repeatedly as if I was wasting his time and he wanted me to just shut up once he got what he wanted for his purposes. One of my conditions is bipolar and somehow the question of being highly sexual came up and he said, "Oh, so you were promiscuous." I have never had anyone use that kind of terminology to describe that particular symptom. I have read books, magazines, done on-line research about bipolar ever since my diagnosis and I have not encountered that wording to describe the condition. I was shocked to hear a doctor use that term. I felt like he had called me a whore. At least that's how I felt. He asked me about working with other doctors and I shared that I had one doctor who never shared or gave any feedback and he laughed and said, "Well, then you won't like me, because I don't give feedback either." I thought to myself, how is it funny that a psychiatrist doesn't give a patient any kind of feedback at all? How is he going to now how my meds are working or if they aren't, and how am I supposed to know the same thing if he never interacts with me?" The icing on the cake was when he abruptly stopped speaking in the middle of his instructions about my meds and said, "OK, time's up, our session is over." I was so surprised I really had no idea what to say. I sat there for a minute trying to collect myself and to see if he was serious and he just kept staring at me, so I said,"Um, well, if you think it's not important to give me instructions on my meds, then I guess I have to leave since you are telling me to go." I was floundering at this point because I honestly had no idea what I was going to do. They tell you to take your meds, take your meds, take your meds, because it is so important that you stay on your regime once your doctor gets you started, and so many people with bipolar stop once they feel better, but I knew how wild my life had been before I was finally diagnosed so I am totally dedicated to staying on medications and here was my doctor kicking me out of his office without my meds. I was totally freaked out. Then he said, "No, I'm going to finish giving you your instructions, but I wanted to make a point of it that you were late and that now you are cutting into my next patient's time. I had been on time but I did stop at the desk to write my co-pay which took all of maybe 2 or 3 minutes. He finished his instructions to me and as I was leaving he said, "Remember, if you want respect, you have to give respect." And then he instructed me to be early to my next visit. I suppose to be sure that I didn't spend 3 minutes writing out my co-pay. I was so freaked out, I felt like a criminal for almost three days because I believed I had been so bad. Thank goodness, I've had several good doctors over the years, and as I processed it more and more I started to get angry. Really, really angry. I won't even go into the run around I got from the sorry excuse they have for a patient liason who was absolutely no help. As a matter of fact, after dealing with her, I was even angrier. I was torn between pursuing the matter further or just letting it go because I knew I was going to run out of meds in 30 days and then what? But this week after seeing my talk therapist and being able to compare my reactions to hers, I realized that HE was the one who had been wildly inappropriate and that he had been unprofessional, rude, and actually, just downright mean. I have no idea why people like that are even allowed to practice medicine. Especially the kind of medicine where they can really mess someone up with medication and with inappropriate or cruel behavior. So I drove to the hospital, demanded to see anyone who was not that excuse for a patient liason, got a printed copy of my patient's rights (which I did not know existed had I not seen them posted on the wall at the front desk when I went in that day) They called and I got to speak to someone in risk management (so apparently the patient liason person lied to me when she said she did not report to anyone and refused to let me have the corporate address and said they only people above her were the doctors and they would not want to speak to me about my issue)
Duty of care was established not with patient's rights in mind per se, rather it was founded in, as worded by historian Harvey Teff, "the mystique of medicine and the strength of its professionalization.” The common layperson can not and will not comprehend the intricacies of medicine, so no objective standard may be set by non-medical professionals.
The fundamental elements of litigated medical malpractice are, above all, duty and negligence. Historic efforts define these two elements were muddled - fourteenth-century law under Henry V held that the physician owed a duty of care to the patient because medicine was a “common calling” (a profession), and required physicians to exercise care and prudence. Those in other professions who did not practice a "common calling” were liable only if an express promise had been made to achieve or avoid a certain result. In the absence of such a promise, the professional could not be held liable. Physicians, then, were held to a separate standard because of the nature of their profession. Modern notions of negligence are parallel to what history called the “carelessness” of early physicians. The notion of duty was legally elucidated in British common law. Carelessness and neglect were not in and of themselves causes of action lest the practitioner by nature of their profession had a duty to the person to whom they rendered care. The law determined that medical professionals were legally bound by a duty of care to their patients. Negligence was thereby grounds for legal action. The establishment of duty and negligence laid the foundation for Anglo-American legislation of medical malpractice.
Medical malpractice cases almost always require medical experts to testify about the proper standard of care that should have been provided under the circumstances. These are often physicians who practice within the same type of medicine that the physician defendant practices in. These individuals are usually tasked with the responsibility of explaining that the defendant deviated from the standard of care and that this deviation resulted in the patient suffering the harm alleged in the complaint.
I can see the time coming soon when any doctor prescribing highly addictive drugs, (any serious pain med) will be thought of as just as stupid and deserving of what they got, by other doctors unwilling to become martyrs, to the new public sentiment. And as to your intimation that YOU would take such risks in their place, well son I’m just going to HAVE to cry bullshit on that one!
For example, if a doctor prescribes a medication without first asking you about allergies, and you have a severe adverse reaction, this could be a case of negligence. But if you failed to mention one of your allergies when asked, or the doctor could have had no way of knowing that you could be allergic to the medicine prescribed, there was no negligence, and you would be unable to sue for malpractice.
The injury resulted in significant damages - Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to the medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.
The negligence caused a negative legal outcome - It is not sufficient that an attorney simply was negligent for a legal malpractice claim to be valid. The plaintiff must also prove that there were legal, monetary or other negative ramifications that were caused by the negligence. An unfavorable outcome by itself is not malpractice. There must be a direct causative link between a violation of the standard of professional conduct and the negative result.
Expert witnesses must be qualified by the Court, based on the prospective experts qualifications and the standards set from legal precedent. To be qualified as an expert in a medical malpractice case, a person must have a sufficient knowledge, education, training, or experience regarding the specific issue before the court to qualify the expert to give a reliable opinion on a relevant issue. The qualifications of the expert are not the deciding factors as to whether the individual will be qualified, although they are certainly important considerations. Expert testimony is not qualified "just because somebody with a diploma says it is so" (United States v. Ingham, 42 M.J. 218, 226 [A.C.M.R. 1995]). In addition to appropriate qualifications of the expert, the proposed testimony must meet certain criteria for reliability. In the United States, two models for evaluating the proposed testimony are used:
Have you been injured due to military hospital medical malpractice? Under United States tort law, federal employees are not personally liable for most torts they commit in the course of their work. Instead, you can only hold those employees responsible using a special law called the Federal Tort Claims Act. This includes Army, Navy, and Air Force hospitals.In some respects, FTCA cases are quite different from ordinary tort cases. In such a case, the injured party may not file a lawsuit against the government until he or she has exhausted all administrative remedies. The injured party must first file an administrative claim with the proper agency of the United States government within a limited amount of time. Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC, has experience in representing injured parties at the administrative claim stage and throughout trial in federal courts all over the United States.
As a nurse and a patient (of medical and psychiatric docs) I think that if a doc lies when obtaining informed consent, that is clearly NOT ok - not sure if that is malpractice and/or a licensure issue. I think asking about complications rates and experience with a particular procedure are absolutely appropriate questions, for any MD. When you read articles for consumers about how to get good care, these are questions you are encouraged to ask!!! If the doc has had little experience and/or complications, doc can have prepared a statement explaining why he feels adequately prepared in this case, what is different about this case in terms of risk of complications(such as 'other pt. had another serious illness that increased risk, etc.)
During the formative centuries of English common law after the critical Battle of Hastings in 1066, medical malpractice legislation began taking shape. The Court of Common Law shows several medical malpractice decisions on record. An 1164 case, Everad v. Hopkins saw a servant and his master collect damages against a physician for practicing "unwholesome medicine." The 1374 case Stratton v Swanlond is frequently cited as the "fourteenth-century ancestor" of medical malpractice law. Chief Justice John Cavendish presided over the case, in which one Agnes of Stratton and her husband sued surgeon John Swanlond for breach of contract after he failed to treat and cure her severely mangled hand. Stratton saw her case ultimately dismissed due to an error in the Writ of Complaint, however, the case served as a crucial cornerstone in setting certain standards of medical care.
If the doctor performs procedure B after the patient has given informed consent for procedure A, the patient can sue the doctor based on lack of informed consent. This is true even if the procedure was successful. For example, if a doctor operates on the left leg to remove a growth that is on the right leg, the patient may be able to sue for, among other things, lack of informed consent.
More and more people in South Africa are taking their doctors and other healthcare professionals to court for medical malpractice – so much so that the increase in litigation is contributing to our high medical inflation. But you can’t take such action lightly: the legal process is fraught with pitfalls and can be very drawn out, and the costs can be high. You need to be sure of your case, and of all the hoops you’ll have to jump through, before pursuing a claim.
Chris Archer, the chief executive of South African Private Practitioners Forum, says it is fashionable for health practitioners to blame lawyers for the increase in malpractice cases, but the working conditions of many health professionals also play a role. “Many health professionals work in solo practices or small partnerships without professional support or routine peer review. There is limited use of protocols and guidelines and little to no teamwork among private practitioners,” he says.
The civil tort of assault is premised on the fact that a person says something or otherwise implies that he or she will have some type of harmful or offensive contact with the victim and the victim has reasonable apprehension of this contact occurring. This tort does not require that the contact actually occur, but merely requires that the victim has the apprehension that it will. In the medical context, this may occur if a doctor threatens to take medical action against the patient’s will.
This is where a “Pain Management” doctor should potentially be liable (your avg. doc should not – but those specially trained in this area have NO EXCUSE for this kind of mis-treatment of a patient with a solid history). This is all well documented, there is no valid excuse in forcing patients into withdrawl and destroying a weeks or more of their life (or their lives entirely in many cases) – the impact to your family and job are tremendous. It is exactly this kind of poor practice that leads people down the wrong path to things like heroin. I was fortunate and toughed it out (my wife was very supportive), having the new meds (though not effective enough to control my pain 24/7) was better than nothing but the withdrawal ..was ..terrible AND unnecessary.
After a suit is filed, both parties gather information from the other. For example, the plaintiff’s attorney will request their client’s medical records from the defendant. There will then be interrogatory forms (a set of written questions to clarify facts) submitted by each attorney to the opposing party, and depositions (formal meetings in which an individual – such as the plaintiff, the defendant, or an expert for either party – is questioned under oath). A record of these depositions is taken for potential use in court. Usually, the people who attend the deposition include attorneys for both parties and the court reporter. In some cases, the plaintiff or defendant can also choose to attend to observe, but does not talk or ask questions. Sometimes, the defendant and their attorney will agree to settle the case prior to court – that is, the defendant pays the plaintiff a mutually agreed upon amount called a “settlement.”
In the wake of a medical malpractice accident, you should hire a personal injury attorney so he/she can determine if somebody negligently provided medical care to you and who can determine what injuries were caused as a result. If a personal injury attorney determines that medical malpractice did occur, a lawsuit can be filed. One of the most important things that you can do is to take pictures of any things that don't look right- such as cuts or abrasions. You can also gather all hospital records, request more medical documentation from a hospital and research a doctor's medical track record. Keep a journal to record the medical malpractice incident, your injuries and follow-up care.
A number of general practices seem to be having difficulty retaining GP’s but for all of them at one surgery to resign and not be replaced by permanent doctors is very unusual, although perhaps recruitment is under way. The NHS Primary Care Commissioning Group for your area is responsible for the provision of general practices sufficient for the needs of the population and for the proper management of the services, but these Groups tend to be difficult to contact and engage with. Local newspapers are sometimes able to get information and relay this to local residents and some PCCG’s will issue statements but they are not noted for their openness. Your PCCG might have a website giving information on the current position and what it is doing about it. There could be malpractice issues at the root of what has happened in your area. The NHS is a branch of national government so I suggest you contact your Member of Parliament as the person most likely to be able find out the facts, inform constituents, and press for early resolution of whatever problem has caused this situation to develop. Local councillors can also apply pressure but the NHS is not under any obligation to answer to them in the same way as it is accountable to MP’s.
What she did NOT DO – WEAN THE DOSE OF FENTANYL PATCHES DOWN FIRST…. This was a COLD SWITCH – and being a “legitimate patient” I never assumed a doctor would ever – ever do this without some significant discussion, the audacity of a doctor to do this – knowing the impact, and knowing I have a job and a family (twins and 3 older children) and that ALL of the discussion with this doctor was centered around NOT causing a negative impact to work / family life – is just impressive to say the least…
My son was diagnosed in his teens with ADHD Paranoid schizophrenia which he was prescribed rispiridone which stabilized his condition slightly but as an adult he couldn't tollorate the side affects any longer and his team (lol) changed it over 2 years ago, since then it's been a living hell. He has been in a psychotic state since and no one is helping him, he totally believes what he thinks is happening to him is real and he has no mental illness, teams (lol) have seen him periodically and he convinced them it is all real and walked away! Fuelling his beliefs although it has been proved by the police numerous times the GP blood tests and a&e visits that nothing is being put in his water supply food etc but yet he still TRUELY believes he's being targeted and drugged. I've tried and tried to tell his GP, rang the local mental health units and told them, rang his adolescent psychiatrist who was brilliant when he was a teen but did nothing as an adult as they are moving and he wouldn't work with them after the visit to his home to section him in which they left believing him, but to my son it is real he's delusional, psychotic, violent, demanding, they are ment to be professionals! I no longer live near my son due to health issues, spinal injuries, ms/me hemoplegic migraine amongst others, so my youngest son who lives 2 mins away from my eld
Furthermore, we all inform our patients to some degree about the risks and benefits of procedures, meds, etc. Never have I heard that one's own track record or disciplinary history should be included. And in this case we don't for what the doc was disciplined or what led to the death. It may or may not have been relevant to Willis. The real issue here is whether he failed to warn her of the possibility of the perforation. The only thing going for the plaintiff here is that she likely claims that she would have chosen a different surgeon had she known the truth. Easy to say in retrospect when plaintiff and attorneys stand to gain $$. And apparently the same complication could as easily have occurred with a different surgeon anyway.