What legal steps can I take against false information provided before a treatment?
October 25, 2023 | 60,00 EUR | answered by Laura Vollmann
Dear Medical Law Attorney,
I am contacting you because I recently underwent a medical treatment in which I feel I was not adequately informed about the risks and potential complications. My name is Lorenzo Kraft and I underwent surgery two weeks ago. Prior to the procedure, my doctor only provided me with very superficial information about the risks and potential side effects, and now I feel unsure and concerned about whether all relevant information was disclosed to me.
Following the surgery, complications arose that I had not anticipated, and I am wondering if I have legal recourse against the lack of disclosure. I am concerned about my health and want to ensure that all relevant information will be provided to me in the future before undergoing any treatment. What legal steps are available to me in this case, and how can I protect myself against inadequate disclosure before a treatment?
I would greatly appreciate it if you could assist me in this matter and provide me with information about my rights and potential solutions. I want to ensure that my health is not jeopardized in the future due to lack of disclosure and that I can take appropriate action in the event of inadequate disclosure.
Thank you in advance for your help and support.
Sincerely,
Lorenzo Kraft
Dear Mr. Kraft,
Thank you for your inquiry and your trust in my expertise as a medical law attorney. I am sorry to hear that you feel you have not been adequately informed about the risks and potential complications of your surgery. The duty to inform of the treating physician is a very important issue in medical law and directly affects your rights as a patient.
In general, every patient has the right to comprehensive and understandable information about the planned medical treatment, including the risks and potential complications. This duty to inform is intended to ensure that you, as a patient, can make an informed decision about the treatment. If you feel that this information was not sufficient or inadequate, you have various legal options to address it.
In your case, you could first try to have a conversation with your treating physician and openly address your concerns about the information provided. Often, clarification can be achieved through direct communication and misunderstandings can be cleared up. If this does not lead to a satisfactory solution, you may consider taking legal action.
For example, you could assert claims for damages if you have suffered harm due to insufficient information. This could be the case, for example, if you experienced complications due to lack of information that could have been avoided with sufficient disclosure. In such a case, it would be advisable to consult a specialized medical law attorney to assess your claims and potentially represent you in court.
To protect yourself against incorrect information before a treatment in the future, it is advisable to discuss all your questions with your doctor beforehand and, if necessary, request additional information. You can also insist on a detailed explanation of all risks and side effects so that you can make an informed decision.
I hope that this information has been helpful to you and I am available for any further questions you may have. Please do not hesitate to contact me if you need further assistance.
Sincerely,
Laura Vollmann
Medical Law Attorney
