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: Illinois Medical Malpractice Blog

Jury Finds Surgeon Negligent in Medical Malpractice Case

By Steven M. Levin and John J. Perconti

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A Rhode Island jury recently awarded slightly less than $1 million to a woman plagued by the consequences of negligent medical treatment. The Providence Journal reported on the decision reached last week which returned a medical malpractice verdict against podiatric surgeon James McCormick.

The victim, Christ B. Durant, receive an operation on her big toe at Dr. McCormick?s facility in June 2005. The doctor?s negligence during the operation had severe consequences for Ms. Durant, resulting in intense pain and the need for additional surgery to correct the medical error.

Besides the errors during the procedure, the medical malpractice lawsuit also challenged Dr. McCormick?s failure to obtain informed consent on Ms. Durant before performing the operation. In medical situations, doctors are typically required to obtain the consent of their patients before performing certain procedures. However, to protect patients? rights, doctors are further required to ensure that the consent that obtained is ?informed.? Informed consent can only be given when the doctor properly makes the patient aware of the risks and potential consequences of any procedure. That way, the patient is able to fairly weigh her options before allowing the doctor to proceed.

The informed consent requirement is a logical, necessary step to ensure that medical patients receive the care to which they are entitled. That is especially true in surgical cases, as all patients deserve to be made aware of potential risks before allowing a doctor to perform the invasive, potentially deadly medical actions.

Our medical malpractice lawyers at Levin & Perconti understand the importance of proper medical care and informed medical decisions. All patients deserve that minimum level of care, and have the right to seek compensation when they receive less than that standard. Please contact our offices to learn more about your options if you or someone you know suffered similar negligent medical care.

Full post as published by Illinois Medical Malpractice Blog on July 26, 2010 (boomark / email).