Illinois Patient Sues Over Disclosure

A woman in Illinois has filed suit against her physician, claiming that she was not properly informed and could not, therefore, give true consent, even though she signed the consent forms. Her condition involved a leaky heart valve. The surgery performed included installing a device, which the patient had consented to. The patient experienced inflammation after the surgery and a subsequent surgury was performed to remove the device.

The patient is now suing because the she claims the device, which her surgeon invented, was experimental, and that she was not informed of that fact. The surgeon counters that it is not experimental, and a previous version of the unit has already been approved for use. The patient contends that his failure to disclose that he invented it is material. She claims she never would have given consent if she had known the device was experimental, and she is now seeking in excess of 50,000 dollars for compensation. Her physician, Dr. Patrick McCarthy, says that he doesn’t believe that the ring (device) is the cause of the patient’s latest health issues.

Once again we see how crucial it is to document every aspect, and to provide full disclosure of even the smallest and most seemingly obvious things. Though some would think the patient was fortunate to have the inventor of the device performing her surgery, this patient claims that somehow lessens her confidence in it and makes it Experimental.


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