Informed Consent

Doctors must fully inform their patients about the risks involved in any proposed medical procedure, treatment or test. A patient has the right to be informed about the potential risks so that they can decide whether to have the proposed medical procedure, treatment or test. This information must be explained in words that a non-medical person would understand and not just done in writing. The patient must understand these risks as clearly as possible before making their decision. This is what lawyers and doctors term “informed consent.” If a doctor does not get informed consent and a patient is injured the patient may have grounds to sue the doctor for medical malpractice.

Not all risks must be disclosed and the standard for determining whether the risk was important enough to be disclosed can be confusing. Ultimately, it must be proven that the risk was statistically likely enough to have made disclosure worthwhile. In addition, there are times when informed consent is not required, as in emergencies. There may not be time to describe risks involved in a medical procedure that a physician must perform in order to save a life. Medical malpractice law is highly complicated and the law varies from state to state. It is important to involve a highly trained medical malpractice attorney if you suspect your physician was negligent in acquiring your informed consent. Acquiring informed consent is critical to the law of medical malpractice.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-581-9293 (Monday-Friday, 8:30am- 5:00pm, ET) to discuss your case.  

 

Birth Injuries

Birth injuries occur to a baby when complications arise during the labor or delivery process.  For every 1,000 babies born in the United States, 5 will be injured during birth.  A birth injury can happen because of an obstetrician’s failure to correctly assess or respond to conditions and/or disorders and complications during a woman’s pregnancy or delivery.  For example, a doctor may fail to recognize a disorder like hypertension during a woman’s pregnancy or he may fail to properly assess the babies overall health in the womb.  The use of an improper medical device or the improper use of a medical device such as a vacuum or forceps can cause a birth injury also.  In these cases, a lawsuit will involve a medical malpractice claim against the physician and/or hospital in which the treatment or delivery took place.

Another common birth injury results during pregnancy when a woman has taken a prescription drug, under the guidance of her doctor or pharmacist.  In this case, you may also have a right to legal compensation from the drug manufacturer and/or pharmacist who assisted you with your prescription.

When a baby is born it can be difficult to determine if a newborns injury was due to a birth injury or defect.  One example is Cerebral Palsy, which is commonly an unpreventable birth defect.  It can also be an avoidable birth injury if the child born was not given enough oxygen during labor.

Unfortunately, complications can arise during delivery and pregnancy which result in permanent injury to the baby.  If harm was avoidable, it is important to protect the legal rights of the baby and parents.

Medical Malpractice Case — “Affidavit of Merit”

Filing a Medical Malpractice Case in Delaware is a complex procedure and it requires the knowledge, skills and experience of a Medical Malpractice Attorney.   Time is of the essence.

Three crucial steps in filing a Medical Malpractice case are: 1. Knowing your state’s Statue of Limitations  2. Filing a Notice of Intent and  3. Filing an Affidavit of Merit.  Both filings are time sensitive and can critically impact your case. Don`t forget to look into this website to find additional info.

Delaware’s Statue of Limitations for Medical Malpractice lawsuits is normally two years, and begins on the date of injury. This is the general rule, although there are exceptions. Title 18 Delaware Code section 6856.

A rule unique to Delaware Medical Malpractice cases allows a plaintiff to toll the Statute of Limitations for 90 days by sending a Notice of Intent to investigate to every potential defendant. This is a crucial step in your case that an attorney undertakes for you.

Another step that is specific to Delaware Medical Malpractice claims is the filing of an Affidavit of Merit. This must be filed in court with the original complaint, when initiating the lawsuit.

An Affidavit of Merit is a confidential document filed in court that certifies that the injury was the result of negligence on the part of the health care professional. The document is completed by another physician, regarded as an expert, who reviews the medical records and attests that the original defendant deviated from the accepted medical practices, which resulted in injuries.

Involvement in a Medical Malpractice claim can be stressful and time consuming. The physician who serves as an expert is compensated for their time and risk involved.

 

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-581-9293 (Monday-Friday, 8:30am- 5:00pm, ET) to discuss your case.