A PA personal injury attorney filed suit in Bridgewater on behalf of an Ohio client for breast implants gone wrong.
To be more precise, the doctor allegedly placed the wrong implants in the patient. The patient, Brittany Daly of Stebenville, Ohio, claimed that she received implants of the wrong material, as she was under anesthesia. These implants were not the implants that she had initially anticipated, as per the discussions she had with her plastic surgeon, Dr. Beverly Carl of Bridgewater, PA.
Apparently, Daly alleges that the wrong implants were delivered to Dr. Carl's office. As a result, Dr. Carl allegedly placed the wrong implants in Daly, without her consent. While the patient was under anesthesia, her fiance was told about the mistake. According to Ms. Daly, her fiance told the doctor to go ahead with the implants, despite the fact that they were not the ones that Ms. Daly and Dr. Carl had originally agreed to.
The issue of medical malpractice is a common one for a PA personal injury attorney. Essentially, such claims rest on the concept that a medical professional owes a duty to the patient. The duty is one of competence, generally speaking. Medical malpractice cases can generally be brought under the theory of negligence.
Medical malpractice lawsuits hinge largely on the appropriate standard of care for the medical professional. Thus, for a PA personal injury attorney to successfully sue for malpractice, the attorney would somehow have to demonstrate that the medical professional violated a professional standard.
In Daly's case, the question that the PA personal injury attorney will have to address will relate to the consent given by the fiance. Was it adequate consent to allow the doctor to proceed with the surgery? Had the patient signed any form prior to her surgery, authorizing her fiance to speak on her behalf while she was under anesthesia? With Pennsylvania being a modified comparative negligence state, Daly's recovery could be diminished by her own comparative fault.
If you feel that you have any questions of medical consent, it may be best to contact a PA personal injury attorney.
Related Resources
- Medical Malpractice (FindLaw)
- Definition of Medical Malpractice (LawBrain)
- Woman says doctor gave her wrong breast implants (Pittsburgh Post Gazette)
- Find a PA Personal Injury Lawyer (FindLaw Directory)
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