In Part 1 of this blog, I updated Ohio medical malpractice attorneys on the state of informed consent claims. In Part 2, I want to discuss how to use concepts related to informed consent to overcome juror bias in medical negligence trials. It is well-established that injured patients do not get a fair shake at [...]
A common defense in medical malpractice cases is the “known and accepted complication” defense. In essence, the defense argues that a particular complication arises in a set percentage of cases even when the procedure is performed correctly. The defense is commonly applied when a patient is injured by a postoperative infection or by damage to [...]
We often hear doctors say that a piece of paper called "informed consent" was signed, therefore the patient assumed the risk of a complication occurring and the doctor can't be held responsible when things go wrong. In Ohio and elsewhere, the reference to "known and accepted complications" is a hotly debated topic in the law. [...]
Birth injuries and fetal demise are increased with breech deliveries, according to a new study published in the New England Journal of Medicine (NEJM). A "breech delivery" is one where the baby is delivered vaginally while in the breech, or feet first, position. The solution to risks associated with breech presentation is to deliver the [...]
Surgical errors sometimes occur before the surgery even takes place. Before an operation, surgeons perform a preop assessment of the patient to determine whether they are a candidate for the operation. Patients must meet certain indications to be considered for surgery. In addition, the patient must be assessed to determine whether they are fit enough for [...]
Informed Consent: Man Sues Doctor for Amputating His Penis Can a doctor decide to remove an organ or limb if he/she feels it will save a patient's life? Can a doctor exceed the authority granted to him in a signed informed consent and perform a different or more invasive procedure than the operation that the patient [...]
When a patient says he signed or gave his informed consent, what does that mean? Does it mean that the patient does not have the right to sue if the doctor is negligent and causes injury? A patient may sign a document indicating that he was advised of the material risks, benefits and alternative to [...]
