Consent Confusion may have Lead to Death


When a patient that comes into a hospital, doctors have to make many choices in deciding treatment. Sometimes those choices are clearly incorrect. Others are correct but carry risks that patients must be advised on. Before those procedures can be done, consent must be gained.

A possible confusion over consent forms is at the heart of Chicago malpractice case. The estate of a man is suing because they believe that the man, a non-native speaker of English, couldn’t understand what he was consenting to. The procedure in question was a blood transfusion. The man came to the hospital to be treated for pneumonia and acute leukemia. Eight days after admission the man died.

The estate seeks damages in excess of $50,000.

It may seem on the surface that a blood transfusion makes sense in a case of acute leukemia. Leukemia is a blood cancer. But if the patient is awake and able to consent to medical treatment they must understand what treatments are happening at all times. A doctor that may not know a complicating factor could put a patient’s life at risk.

If you are seeking a medical malpractice lawyer and you live in New York, contact Bottar Law for a consultation.

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