Bill Paxton Family Sues for Wrongful Death
In February 2017, Hollywood lost the beloved husband, father, and movie star Bill Paxton, at the age of 61. Paxton, known for his roles Apollo 13, Titanic, and many others, suffered a stroke just two short weeks after having heart surgery. A year later, the Paxton family has filed wrongful death lawsuits against both the hospital and the surgeon involved with the operation.
According to the filing, surgeon Ali Khoynezhad performed the surgery to repair an aortic aneurysm without disclosing that the technique was unconventional, went beyond the scope of his hospital privileges, and that he had no experience performing this particular surgery.What a Doctor Must Legally Disclose
There is a unique relationship between a patient and a physician. Together, they make decisions about current and future medical treatments. The doctor is the individual who has completed many medical courses and has sufficient knowledge of medicine to make an informed decision. A patient is an expert on all of his or her symptoms, preferences, and past medical history. Neither can decide without the information the other has; therefore, communication is essential for informed consent to work.
A doctor must walk the fine line between too little and too much information for the patient and must advise and educate the patient accordingly. Legally, there is information that a doctor, surgeon, and other medical treatment personnel must disclose, including:
- Nature and character of proposed treatment or surgical procedure;
- Anticipated results;
- Information that a reasonable person in the patient’s position would find important;
- Benefits or risks that may be significant to that particular patient;
- Recognized possible alternative treatments;
- Personal or economic interests that may influence judgment;
- All diagnostic tests that may rule out a possible condition;
- Identified severe potential risks, complications, and anticipated benefits involved in the treatment or surgical procedure; and
- Recognized possible alternative forms of treatment, including non-treatment.
Doctors must answer all questions honestly and to the fullest extent of their knowledge, within reason. For example, a doctor does not have to explain what the risks are should the procedure not be performed correctly because, or if disclosing the information would put the patient in danger.
If you lost a loved one during or as a result of a complication of a medical procedure, contact a Santa Clara County, CA wrongful death attorney. The attorneys at Corsiglia McMahon & Allard, L.L.P. do not expect you to have a full medical degree and will thoroughly investigate the details of your case. Together with our support staff, we will hold all responsible parties accountable and earn you the compensation you deserve. Call us today at (408) 289-1417 to schedule your free consultation.Sources