Illinois Patient Sues Chicago Surgeon for Medical Malpractice Over Injuries and Failure to Obtain Informed Consent
In 2006 a women went into surgery to repair a leaky heart valve. Doctor Patrick McCarthy of Chicago was the patients doctor who preformed the surgery and also implanted a heart device that he failed to mention he was the inventor of the new device. The patient is suing Dr. McCarhy for medical malpractice. Vlahoulis, the patient, experiences inflammation after the surgery and had to undergo a second surgery to have the device removed. She says that if she had known the device was experimental, she never would have agreed to have it placed inside her. McCarthy denies that the device was experimental because an older model was available commercially over a month before he performed the surgery on the 41-year-old patient. Northwest Memorial Hospital claims it obtained the necessary consent from Vlahoulis for the implant procedure.Vlahoulis, who filed her Illinois personal injury lawsuit in Cook County earlier this year, is seeking over $50,000 in damages from McCarthy. McCarthy says that he doesn’t believe that the ring is the cause of Vlahoulis’s latest health issues.
Failure to Obtain Informed Consent
Physicians, dentists, surgeons, and other medical provider must obtain a patient’s informed consent before conducting a procedure. An “informed consent” form notes any potential complications and risks that could arise from the treatment or procedure. The medical provider should also discuss the potential risks with the patient prior to the procedure.
http://www.chicagoinjuryattorneyblog.com/2008/10/illinois_patient_sues_chicago.html
3 comments:
I feel like the doctor definitely was in the wrong here. However, if he did tell the patient about the device and the consent forms were signed then he would be in the clear
- Brad Elmore
I agree. The doctor should have better informed the patient about the device being used. He obviously failed to let her know of any "potential complications or risks" involved in implanting the new device.
The doctor claims it wasn't experimental because he got caught and didn't want the burden of guilt. The doctor was definitely in the wrong. Whether or not the device was experimental she experienced complications. She is due some sort of compensation.
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