Medical Malpractice Lawyers explain failure to warn of risks in medical negligence claims. No Win No Fee Personal Injury Lawyers are experts in Medical Malpractice and Medical Negligence Claims & have offices in Brisbane and Gold Coast.
If you suffer injury as a result of substandard medical treatment then you can bring a claim to receive compensation for the injury sustained and any resulting loss and damage suffered. But did you know that when a doctor fails to warn you of any risks involved in the treatment they prescribe, then you may also have a claim for medical negligence? Well this is in fact the case.
Failure to Warn of Risks can also Constitute Medical Negligence
Medical Malpractice is not limited solely to poor medical treatment. Failure by a medical practitioner to warn of risks associated with medical treatment can also constitute medical negligence.
If your doctor prescribes medication, surgery or any other treatment that has an associated risk of injury, then your doctor is under a duty to warn you of those risks. If the doctor fails to do so and you proceed with the treatment, suffering a risk of injury that should have been forewarned, then you are entitled to compensation for the injury and any loss and damage you sustain as a result.
For example, say you undergo a discectomy for your back injury and during surgery your surgeon nicks a spinal nerve causing you to suffer Cauda Equina injury, resulting in partial paraplegia. If your surgeon, prior to surgery, failed to warn you of the risk that this could result from surgery and, had you known of this risk beforehand you would most likely not have proceeded with the surgery, then you would be entitled to claim for the injury sustained and all resulting loss and damage you suffer as a result.
To learn more about medical malpractice/ medical negligence claims and how they work, go to our “Medical Negligence” webpage specifically on this topic.
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