Doctors hold the responsibility of informing each patient about the potential risks and side effects of the recommended medications and treatments. Depending on the information that was discussed with your healthcare providers, it’s possible that you might have grounds to move forward with a lack of informed consent medication lawsuit.
This situation is distinctly different from typical medication injury cases. The question isn’t whether the medication caused harm; it’s about whether you received proper warnings about the potential risks so that you could make an informed decision about the treatment plan.
What Informed Consent Actually Requires
In order to understand how these lawsuits work, we first need to look at the doctor’s legal duty. Healthcare providers hold the responsibility of disclosing all potential risks before prescribing medications. This responsibility is more than just listing the common side effects: patients deserve to be fully informed about ALL of the possible effects that might occur with the use of this medication.
Even if some of the side effects are rare, such as Stevens-Johnson syndrome, they still must be disclosed. Doctors must share that there is a small but possible likelihood of experiencing a severe, life-threatening reaction.
This responsibility has been well-established in medical malpractice law, setting a precedent for patients to pursue compensation when a lack of informed consent occurred and the patient experienced injuries from the use of that medication.
Why SJS Risk Specifically Calls for Disclosure
Stevens-Johnson Syndrome is one condition that is often associated with an informed consent violation in medical malpractice claims. This condition is quite severe and can change a patient’s life: a skin reaction that can occur from a list of common medications.
There are nationwide informed consent standards for SJS medication risks for these common prescriptions because they have documented risks of causing Stevens-Johnson syndrome:
- Certain antibiotics
- Anti-seizure medications
- Gout treatments
- Some NSAIDs
When SJS occurs, the potential outcome is severe, which is why this is the type of risk that informed consent law is designed to cover.
What a Patient Should Have Been Told About SJS Risks
Several things will be evaluated if you are choosing to pursue a failure to obtain informed consent in SJS medication cases. These are the details that must be disclosed to each patient:
- The doctor needs to make it clear that the risk of SJS exists with the use of the prescribed medication. If a patient is not told that SJS was a possibility and they were injured by the side effects of the medication, then they might have grounds for a lawsuit.
- Patients need to understand the risk timeline and when the SJS symptoms typically develop. For most patients, the symptoms begin within the first few weeks of starting a new medication.
- Healthcare professionals are legally required to disclose warning signs to watch for. This needs to be a thorough disclosure so that the patient knows the early indications of a potential reaction to the medication.
How A Lack of Informed Consent Medication Lawsuit is Built
Medical malpractice lawsuits can be complicated, especially since strong evidence must be collected to show that the doctor didn’t follow their legal duty of consent. If you are going to receive a successful settlement for your case, then it’s critical that you are working with a legal team with a history of success working with other SJS victims.
Our team brings both the legal expertise and the medical background, offering reliable and successful legal services for the clients that we are working with. Here are some of the steps that we take to ensure that you are proceeding with a strong case:
- Medical Records: Detailed medical records are critical for establishing the cause of injury. Additionally, we’ll look at the medical records to see if the risk was actually discussed or if that conversation was missing when the patient received the prescription.
- Expert Testimony: Next, we often bring in expert witnesses to share testimony about the applicable standard of care. This information is important for establishing and proving what a reasonable doctor should have disclosed about the medication’s side effects and risks.
- Prescription and Monitoring: Finally, we compare what actually happened with the standards that are in place for how the medication should have been prescribed. Additionally, it’s important to evaluate whether or how the medication use was monitored and whether the medical team could have been more involved in the disclosure and prevention of SJS risks.
These distinctions matter in your case. For example, if you can show that proper disclosure would have caused you to refuse the medication because you knew the risks, then you might have grounds for a medication warning failure lawsuit.
The patient’s informed consent is a critical piece that makes these types of claims different from a straightforward medication injury case. It shifts the focus from whether the medication was dangerous to whether the patient was given a real choice in the treatment.
What to Do If You Are a Victim of SJS
If you or a loved one has experienced a life-changing injury because of SJS, then there are a few important steps you should take at this point:
- Gather copies of all your related medical records, including the package insert of the medication and any FDA warning information.
- Document your symptoms, injuries, and the timeline. You need detailed information about when you started taking the medication, when the specific symptoms started, and what you were told by the medical providers.
- It’s always best to consult with an attorney for the legal support that you deserve. Not only should you look for a legal team that has worked on medication injury cases, but you should find a lawyer who has experience with SJS cases specifically. Always talk to a lawyer before talking with an insurer.
FAQs
Can I sue if my doctor mentioned side effects but not specifically SJS?
You might be able to sue, depending on the specific details that were disclosed by your doctor. In order to determine if you have a claim worth pursuing, it’s best to have a legal team review your medical records.
How long do I have to sue for lack of informed consent?
In the state of Texas, the statute of limitations for medical malpractice lawsuits is two years. The clock starts ticking on the date that the negligent behavior occurred. The best thing that you can do is confirm the timeline with a medical malpractice attorney as soon as possible.
Expert Legal Support for SJS Claims
Our team at Wormington & Bollinger is here to help if you or a loved one has been injured by SJS or other forms of medical malpractice. Contact us to schedule a free consultation so that we can review your case and provide customized recommendations to protect your legal rights.