I suffer from anxiety and was extremely nervous prior to undergoing a necessary medical procedure to save my life. As a result of the treatment my life expectancy was extended but I had to undergo an amputation on my legs due to an infection. When I asked my doctor why he didn’t warn me about the risk of amputation and infection he told me he didn’t want to tell me as he knew how anxious I get and he was concerned I would refuse to undergo the procedure and possibly die as a result. Was he within his rights to do that?
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Answer by Shamaila Khan, Kingsville 3012 VIC
- There are some instances where a doctor is not required to inform patients of serious risks.
- This may include where the doctor has reasonable grounds for believing that disclosing the risk could harm the patient.
- You should understand that this exemption will not apply in cases where the patient asks the doctor a direct question about the risk and the doctor fails to respond honestly to that question.
- For example in this case your doctor may have been concerned that given your history of anxiety you would not have consented to the life-saving procedure which may have resulted in your early death.
- Having said that a double amputation is an extreme outcome which will have a significant impact on your ability to lead a normal life. It is possible that his failure to warn you of that risk constituted a compromise in your consent to the procedure.
- Speak to your lawyer about whether you have a claim.