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Supreme Court agrees to hear new case

On Behalf of | Sep 16, 2018 | Firm News, Medical Malpractice |

Many people in Pennsylvania are understandably concerned about the quality of their health care and their safety when undergoing treatments or medical procedures. Certainly, it is known that many treatments or procedures may involve some level of risk but that does not mean that doctors, surgeons and other medical professionals should be free from any responsibility to keep people safe from these risks.

Also important is that patients are provided proper details about the risks or potential complications they may face. For example, it is one thing to be told that a particular complication might occur, but a physician may also be able to let a person know how commonly such a complication has been known to happen. These nuances may help patients make their final decisions about what they want to do.

Medical Bag reported recently that one woman has been seeking compensation after experiencing a negative complication during a surgery performed by laproscopy. In the original trial, the defense was allowed to enter in as evidence details about the complications or risks associated with the surgery. After a decision that favored the defense, the patient appealed and alleged that the entry of that evidence was inappropriate. The Superior Court agreed and overturned the decision.

Today the case will make its way to the Pennsylvania Supreme Court as the defense continues the effort to support the right of medical professionals to use this material in their defense during medical malpractice cases. They indicate such details are relevant to a physician providing a reasonable level of care.