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On August 3, 2016 an Appellate Court reinstated a lack of informed consent claim filed by a patient who underwent breast reconstruction/augmentation surgery. The plaintiff is entitled to a trial where a jury will decide whether the surgeon disclosed the appropriate information about the type of implants to be used and whether the patient gave a proper informed consent.
Unnecessary surgeries to treat back and knee pain continue despite evidence of their limited benefit.
The short is answer is -- it depends. It is very tough (not impossible) to prove that the hospital was negligent for your getting an infection. But, if the hospital was late or delayed in discovering and treating your infection, you may have a good case if the delay caused a more serious problem ...
A patient can be found partially at fault for medical malpractice but the patient's prior conduct is not relevant since the doctor or hospital is only liable for that part of the injuries attributable to their own acts or omissions.
Evidence of wrongdoing/negligence by a doctor with respect to a dozen other patients may not be introduced into evidence against that doctor who admitted he negligently treated the decedent because it was not relevant on the two remaining issues of causation or damages and was unduly prejudicial.
Immediately after a gastroenterologist performed a colonoscopy on a known hepatitis C patient, he next performed a colonoscopy on a second patient with no known history of it. Six weeks later, the typical incubation period for hepatitis C, the second patient was diagnosed with hepatitis C. Gastroenterologist's motion to dismiss pre-trial denied. Court holds that a jury should decide issues of fault and punitive damages.
A radiologist who is only asked to interpret a standard MRI has no duty to order a diffusion MRI. Similarly, a neurosurgeon who was only asked to determine whether surgery was necessary has no duty to examine the patient and/or determine if medication orders are being implemented.
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