Medical Malpractice Attorney in Stamford, Connecticut
If a doctor warns me about a risk of injury, does that mean I can’t sue for that injury?
If a doctor warns me about a risk of injury, does that mean I can’t sue for that injury?
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That’s a great question and and there’s such a a distinct difference between risk of the surgery and a result of
medical malpractice. So I I want to dig into that a little bit and let’s take a specific example. Let’s say in any given surgery there is a risk of infection.
the patient uh presumably has gone through an informed consent discussion with his or her provider and and that
risk has been uh delineated as one among many many risks. Um the patient has elected to undergo the procedure.
Nevertheless, um the important distinction in in this example with infection, um if the
patient goes on to develop a serious infection, but it comes to light that the surgeon or or other um staff
participating in the surgery uh did not follow appropriate sterile technique, that’s not a risk of the procedure.
That’s medical malpractice. That’s negligent. Um, and the the patient did
not wave uh by signing an informed consent form did not wave the right to pursue that type of claim.
Stamford, CT personal injury attorney Gretchen Randall talks about suing for an injury, even if the doctor warned you about a risk of injury. She highlights the important distinction between a known surgical risk and medical malpractice. Using the example of a postoperative infection, she notes that infection may be a recognized risk disclosed during the informed consent process, and a patient may choose to proceed with surgery despite that risk. However, she explains that if a serious infection develops because the surgeon or medical staff failed to follow proper sterile procedures, the issue may constitute medical malpractice rather than a complication inherent to the procedure. She further emphasizes that signing an informed consent form does not waive a patient’s right to pursue a claim for injuries caused by negligent medical care.
