Failure to Warn in Medical Malpractice Cases: Understanding Your Rights in Houston, TX

Examples of Failure to Warn Cases

Surgical Complications

Consider a scenario where a pregnant woman in labor is urgently advised by the attending obstetrician to undergo an emergency C-section. However, the obstetrician fails to fully disclose the risks associated with the procedure, including the potential for fetal oxygen deprivation, which can result in birth asphyxia. Despite feeling uncertain, the mother consents to the C-section based on the doctor’s recommendation.

During the surgery, complications arise, leading to the baby experiencing oxygen deprivation due to umbilical cord compression or other factors. As a consequence, the baby suffers from birth asphyxia, resulting in severe neurological complications like cerebral palsy or developmental delays. The failure to adequately inform the mother about the risks associated with the emergency C-section could potentially constitute a breach of the duty to provide informed consent.

Medication Side Effects

Let’s say a patient consults their primary care physician for persistent migraines and is prescribed a new medication to alleviate symptoms, but the physician fails to discuss any potential side effects or risks associated with the drug.

The patient trusts the physician’s judgment and begins taking the medication as directed. Over time, the patient experiences severe allergic reactions, including difficulty breathing and facial swelling, which result in a life-threatening anaphylactic reaction.

Upon seeking emergency care, the patient discovers that these adverse reactions were listed as known risks on the medication’s label, yet they were not informed by their physician beforehand. This failure to provide information about potential risks could be considered a failure to warn, but the case may be complicated due to warning labels or whether the prescribing doctor was aware of a patient’s preexisting allergies or took the necessary steps to ascertain them.

Failure to Diagnose

A patient experiencing persistent chest pain and shortness of breath visits their local clinic for a diagnosis. Despite the concerning symptoms, the healthcare provider at the clinic dismisses the patient’s complaints as minor, blaming them on stress or anxiety without conducting further investigation or ordering tests.

Over the following weeks, the patient’s symptoms worsen, and they begin to experience more alarming signs such as coughing up blood and extreme fatigue. Concerned about their deteriorating health, the patient seeks a second opinion from a different healthcare provider who immediately orders a series of tests, revealing that the patient has advanced-stage lung cancer that went undiagnosed by the initial healthcare provider.

Due to the delayed diagnosis, the patient’s cancer has progressed to a point where treatment options are limited, and the prognosis is poor. In this scenario, the failure of the initial healthcare provider to recognize the seriousness of the patient’s symptoms or order tests to investigate their source may constitute a breach of the standard of care.

Connect with a Seasoned Medical Malpractice Attorney in Houston, TX

In Houston, TX, failure to warn cases are complex legal matters that require careful consideration of the facts and legal principles involved. Patients who believe they have been harmed due to a healthcare provider’s failure to inform them of the risks associated with their medical care should seek guidance from experienced medical malpractice attorneys, like our attorneys here at the Weycer Law Firm.

Our experienced medical malpractice attorneys will use their decades of experience to advocate for you and your family’s full financial recovery. Contact us here or give us a call today at (713) 668-4545.