Failure to Warn of Known Dangerous Condition

All medical professionals have an obligation to pursue the best course of action for their patient. Sadly, medical malpractice is still common. It is a doctor's duty to warn a patient if they have any underlying condition.

Medical malpractice can stem from various factors. Ultimately, most malpractice derives from negligence. Failure to warn a patient of a dangerous known condition is considered a violation in a doctor's standard of care.

Standard of care is the legal term. It is defined as the degree of care and skill of the average health care provider who practices the provider's specialty. Alongside this, standard of care takes into account the medical knowledge that is available to the physician. A simpler way to define standard of care is the custom and typical practices a doctor should do while in practice.

Failing to warn a patient of a dangerous known condition is a breach of a doctor's standard of care. If you or someone you know was not warned of a dangerous underlying condition, it is essential you contact a licensed personal injury attorney.

Lawyer for Failing to Warn of a Dangerous Condition

Have you or someone you know suffered because a health care provider did not warn you of a dangerous condition?  If yes, contact Susan E. Loggans & Associates for solutions today. It is a doctor's duty to warn and advise their patients of any conditions they discover. Physicians that do not disclose a diagnosis due to negligence are putting their patients at risk.

Our Chicagoland attorneys at Susan E. Loggans & Associates have represented countless people in medical malpractice cases. One of our esteemed lawyers, Susan E. Loggans, has had a successful payout of $15.7 million in one malpractice case. Get in contact with a firm that is practiced in personal injury, call (312) 201-8600.

We have accepted cases all over the First Judicial Circuit including surrounding counties including Kane County, Grundy County, DuPage County, Cook County, Will County, and Lake County. With such a wide scope of practice, Susan E. Loggans & Associates is well-practiced in Illinois personal injury law.

Contact us by phone ((312) 201-8600) or submit an online contact form for a free consultation today.

Overview of Failure to Warn a Condition in Cook County

The Doctor-Patient Relationship

The relationship between medical professional and patient is voluntary and made in agreement. Medical documents and testimony can prove this including test results, prescriptions, and appointment summaries. If you can gather these documents and prove that:

  • You chose to be treated by this particular physician;
  • You submitted to examinations for the purpose of treatment of a certain health problem, check-up, or condition; and
  • The treatment by the physician was ongoing.

Obtaining medical documents are essential to proving a doctor-patient relationship. The medical professional may try to state that the relationship was terminated prior to the date on which your dangerous condition was discovered. You may not be able to file a claim without evidence of a doctor-patient relationship.

Doctor's Duty to Warn and Advise

Every doctor has a duty to communicate adequate information to patient. This includes disclosing a diagnosis and provides warnings to the patient in a timely manner. A term for this is informed consent.

Informed consent is defined as giving the patient an opportunity to be an educated participant in his or her health care decisions. Complete informed consent includes a discussion of the following elements:

  • Nature of the decision or procedure;
  • Reasonable alternatives to the proposed procedure;
  • Relevant risks, benefits, and uncertainties related to each alternative;
  • Assessment of patient understanding ; and
  • The acceptance of the procedure or decision made by the patient

Alongside this, a doctor is required to delegate tasks to certain trained healthcare personnel. A doctor has a legal obligation to adequately supervise any medical treatment or results that were delegated. Failure to supervise medical staff is also a form of negligence.

Failing to warn a patient of their dangerous condition is violating the duty of informed consent. If your health care provider did not inform you of a dangerous condition, you should contact a personal injury attorney.

Common Dangerous Conditions

Medical professionals are educated to string together symptoms and create a diagnosis. If a doctor instead fails to warn you of a dangerous medical condition it can be detrimental. Some dangerous medical conditions include:

  • Coronary Artery Disease
  • Stroke
  • Pneumonia
  • Chronic Obstructive Pulmonary Disease
  • Cancer
  • Diabetes
  • Cirrhosis

Types of Medical Negligence

Failing to warn a patient of their dangerous medical condition can occur from a variety of factors. One type of negligence is ignoring or failing to advise a patient of symptoms. Some symptoms are hard for a patient to discover. However, a medical professional is educated enough to identify them.

If a doctor chooses to overlook a symptom, this can be a type of medical malpractice. An example of this can be if a doctor finds a dark mole or spot on a patient. If the mark is cancerous and the doctor chooses to overlook this, that can be considered to be medical malpractice.

Another instance of a physician demonstrating negligence is not ordering or reading test results. If a patient comes in for testing their results should be thoroughly analyzed. A doctor who just glances or disregards test results is violating their duties. On the other hand, if a physician knows that a patient should have tests done they should order them. Not doing so is an act of malpractice.

There are other ways in which a medical professional can be negligent. Any sort of health care provider choosing or carelessly not warning a patient of a dangerous condition can be devastating. If you've found yourself to be a victim of medical malpractice, you should contact an attorney.

Additional Resources

 Malpractice Statistics – Visit the True Cost of Health Care's website and view data from malpractice from 2003 – 2015. Each of the following graphs provides medical malpractice statistics for all health care professionals as well as patients.

A Look at Four Medical Malpractice Statistics – Visit the Maurice A. Dean School of Law website (otherwise known as Hofstra Law). Read about how ten percent of deaths in the United States are caused by medical errors and negligence. See some recent cases of medical malpractice and how they were handled in court.

Locating an Attorney for Failure to Warn a Dangerous Condition in Chicago, IL

 Failing to warn a patient of a dangerous condition can forever alter their lives. Such an act of carelessness by a medical professional is a violation of their Hippocratic Oath.  If you or someone you know has been a victim of any sort of medical malpractice, contact Susan E. Loggans & Associates.

The attorneys at Susan E. Loggans & Associates are passionate about defending recovering victims of malpractice. Susan E. Loggans, our founding attorney, has been able to get a payout of $15.7 million for a medical malpractice case.

Susan E. Loggans & Associates takes cases all over Cook County and surrounding counties including Waukegan in Lake County, Yorkville in Kendal County, Morris in Grundy County, Kankakee in Kankakee County, Joliet in Will County, Chicago in Cook County, and Woodstock in McHenry County.

Doctors who are negligent should not continue without reprimands. Dial (312) 201-8600 or submit an online form today for a free consultation.

This article was last updated by Jordan Anderson, on June 21st, 2018.