QUESTION

do I have a claim if a hospital lied to me about my pre admission testing results did surgery and now have damage to kidneys and other body part?

Asked on May 10th, 2020 on Medical Malpractice - Pennsylvania
More details to this question:
Had elective hip replacement surgery at cooridinated health because of running 50 miles or so a week. Just found out that my preadmission testing was covered up and never revealed to me that I was at risk for kidney injury If I had the surgery! I came out of the surgery so beat up I could not walk at all! I now have stage 3 kidney disease
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1 ANSWER

Jerry Meyers
You do not present a sufficient number of facts for any assessment to be made as to whether you suffered harm because of a needless mistake, where the mistake itself should not have occurred. Diseases affecting the kidneys can result from appropriate medical care. You seem to be complaining that you were unaware that you were at risk for kidney injury because of having an operation performed. As you do not present sufficient facts to permit me to understand how your lack of understanding the risks because you to suffer harm. Informed consent cases in Pennsylvania are especially difficult because of the standard of proof required by statute. If you are asserting that had you known of the risk you would not have consented to the surgery, even if true, does not form a basis for recovery under Pennsylvania law. Instead it must be the case that no reasonable person in your circumstances would have considered the risks that were not disclosed as a substantial factor in deciding to have the surgery performed. The standard is not subjective. It is not based on a given individuals unique circumstances. Would a reasonable person in your circumstances including the reasons why you wanted to have a hip replacement down, forego the surgery and the painless mobility it would likely provide, if they knew about the risk of renal injury. It sounds. Though you are confronted with a serious question as that you should call this to the attention of the lawyer experienced in managing medical malpractice claims.
Answered on May 18th, 2020 at 9:19 AM

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