(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
LIABILITY ISSUES
BAJI 6.11 provides that a physician has a duty to disclose to the patient all material information to enable the patient to make an informed decision regarding the proposed operation or treatment BAJI further provides that when a procedure inherently involves a known risk of death or serious bodily harm, the physician has a duty to disclose to the patient the possibility of such an outcome and to explain, in lay terms, the complications that might possibly occur. Plaintiffs allege that did not occur in this medical malpractice case.
Ms. Green and her husband met with Dr. Smith on several occasions. Ms. Green alleges that she told him that she would not have surgery if anything could happen to her left leg. She also alleges that on several occasions, Dr. Smith promised her that nothing would happen to her left leg.
Dr. Smith planned a complicated front and back surgery with installation of rods and screws. Plaintiff suffered from diabetes and had a risk of artery disease and infection. Both complications occurred during or after the July 22, 2002 surgery. A vascular repair of the occluded artery did not work. Plaintiff’s leg lost oxygen for so long that she suffered neurological damage that rendered her leg useless.
Dr. Smith has testified that he had no informed consent discussions with plaintiff. He contends that the informed consent was obtained a month before the surgery by William White, MD, a fellowship student. (See Part 3 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.