Failure to Warn

Medical Malpractice / Failure to Warn

Before undergoing a medical procedure, doctors are committing medical malpractice when they fail to fully warn you of the expected benefits, possible alternatives and the risks and possible complications inherent with the procedure.

Per the MCARE Act (Medical Care and Reduction of Error) also known as Act 13 of 2002, there are specific requirements to obtaining consent from a patient:

Doctors Have Committed Medical Malpractice If:

  • They fail to ully explain the medical procedure
  • Inform the patient who will be performing the surgery, the qualifications of that doctor, and that doctor’s experience in performing that procedure
  • Explain the patient’s current medical condition, why the procedure is important, the chance of success, the length of the recovery and the cost

Failure by a doctor to adequately cover the above areas is a common area of medical malpractice litigated in the courts today.

These laws were written to protect the consumer and doctors are expected to fully discuss the medical treatment he or she proposes for you. In some medical procedures, there is a chance that injury could occur even if everything goes as planned. The law also expects the doctor to fully explain alternatives to the procedure and when a doctor fails to give a patient this information, he or she has committed medical malpractice.

If you or someone you know has suffered an unexpected injury as a result of a medical procedure, make certain your rights are protected. Seek legal counsel immediately.