Practice of Medicine

Claims Lesson

Black Box Warning and Inadequate informed Consent leads to Indefensible Claim.

November 26, 2013

The Case

In a recent case, a MagMutual insured physician initiated a trial of iron therapy with IV INFeD. The nursing staff met with the patient and her husband and explained the possible side effects of the IV INFeD, which included anaphylactic reaction and death. The patient signed the consent for treatment form. There was no documentation of an informed consent discussion by the physician …

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