If your physician prescribed an experimental drug treatment and did not inform you that the treatment was experimental, it may warrant a legal claim for doctor negligence or malpractice. Your doctor is required by law to obtain informed consent before providing you with medical treatment. If you were not told that the drug treatment or drug therapy was experimental, then your physician failed in obtaining informed consent.
In order to recover compensation if your physician failed to obtain your informed consent before prescribing experimental medication, you will need to demonstrate that you suffered some kind of harm based on your physician’s actions, or that some form of damages resulted for which you may be compensated.
In some cases, patients may experience injury as a result of taking the experimental drug. In other cases, they may be unable to take advantage of other types of therapy they could have otherwise taken advantage of if the doctor had informed them of the experimental nature of the treatment. These cases may be examples warranting damages for which patients may be compensated.
You will need to show that your doctor failed to obtain informed consent and that you experienced damages as a result of doctor negligence. A Louisville medical malpractice attorney can provide you with advice on the types of evidence that you may use to prove your case. To learn more about doctor negligence based on the prescription of experimental drugs, contact Gray & White today at 502-210-8942 or 888-450-4456.