Failure to Warn: What are the Dangers of Faulty Medical Advice?
A new research study has uncovered the lack of knowledge and a high level of misinformation about gynecological conditions that could be keeping women from getting the health care they may need. A team of doctors from the Center for Innovative GYN Care (CIGC) has launched a new public education campaign designed to inform women about the new ways of treating uterine fibroids, endometriosis and other women’s health conditions. Called Uncovered: The Truth About GYN Surgery, the website is part of their attempt to dispel the information and fear that keeps women from seeking timely surgical treatment. This new website provides current information about GYN conditions, new developments in surgical techniques including minimally invasive approaches to GYN surgery. The site also puts a lot of emphasis on the vital importance of seeking a second opinion when you are facing the prospect of GYN surgery. The website’s tagline is “What women don’t know about gynecological conditions and surgeries can hurt them.”
The survey that the CIGC team conducted that prompted the public information campaign was conducted through a national survey of 500 women over the age of 18. The study uncovered vast knowledge gaps about women’s health. If women do not understand health conditions such as fibroids and what organs are removed during a hysterectomy, they will not be able to make sound decisions about treatment.
A doctor’s duty to warn patients about health conditions
Women are in the dark about medical conditions that can affect their fertility and their health because they do not ask questions of their doctors, but it could also be attributed to the fact that they do not even know the right questions to ask. If a woman is a high risk group for a certain illness, it seems as if her doctor has an obligation to advise her about her risks and give her information about the various options available.
So, what happens if a woman who is under her doctor’s care develops uterine cancer and she was not informed about her risk factors, or the things she might have done to prevent uterine cancer or at least lowering her risk of contracting it? Can she take legal action against her doctor for failing to warn her that if she did not change her diet and lifestyle then she might get cancer? If a woman’s doctor does not get her on a mammogram regimen, and does not warn her about the importance of getting a mammogram and she gets breast cancer, can she sue that doctor for medical malpractice?
The challenge of proving fault for medical malpractice cases
In order to prove medical malpractice you must prove that the doctor or other medical professional was negligent in treating the patient. You must also prove a causal connection between the negligent action and the patient’s injury. Finally, you must prove that the negligent actions did not comport with or deviated from the locally acceptable standard of care.
In order to prove that the doctor’s actions deviated from the standard of care you must enlist the services of a specialist who can speak to what the standard of care would be for a person of the same age, with a similar medical condition in the same geological location.
A patient might try to bring a medical malpractice lawsuit against their doctor for delayed treatment or delayed diagnosis, but the challenge would be to prove that the delay in treatment or diagnosis could be considered negligence, and that the delay caused harm. So, it is not enough that a medical professional was negligent in some way. A medical witness must be able to demonstrate that the doctor’s negligence, delay in treatment or misdiagnosis caused harm.
It is important for people to be well informed about their own health. Whenever you visit your doctor, ask questions about your health, what kinds of risk factors are associated with your age or ethnic group. Always get a second opinion when your doctor recommends a surgical procedure so that you can find out what all of your options are.
Christopher T. Nace works in all practice areas of the firm, including medical malpractice, birth injury, drug and product liability, motor vehicle accidents, wrongful death, and other negligence and personal injury matters.
Read more about Christopher T. Nace.