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Can I sue a doctor who purposely withheld information regarding a medical procedure due to my nervous nature and past history of anxiety?

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?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 27-10-2015
1 Lawyer Answered
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  1. Medical Malpractice
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

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. 

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