Under Kentucky law, KRS § 304.40-320 sets forth the standard of care requiring healthcare providers to inform patients of potential medication side effects and associated health risks. In the legal world, this is known as informed consent. This means that doctors, nurses, and other healthcare providers have a legal responsibility to warn patients about possible side effects of any medications they give them and to explain any health risks involved. If a medical provider fails to provide you with this information, and as a result you are injured, then they could be legally responsible for your injuries.
Below are some examples of scenarios where you might have a claim for a medical provider violating their duty of informed consent:
- Severe Allergic Reaction from New Medication: A doctor prescribes a new medication but fails to ask about or warn the patient of the risk of severe allergic reactions. The patient, who has a known allergy to similar medications, takes it, suffers anaphylactic shock, and ends up hospitalized.
- Drowsiness Warning Ignored: A doctor prescribes a strong painkiller or sedative but fails to tell the patient it can cause extreme drowsiness and impair driving. The patient drives shortly after taking the medication, falls asleep at the wheel, and causes a serious car accident.
- Failure to Warn about Drug Interactions: A doctor prescribes a new medication but doesn’t ask what other medications the patient is already taking or fails to explain potential dangerous drug interactions. The combination causes severe health complications, like heart problems or organ damage.
If you believe you were injured because a healthcare provider failed to properly warn you about medication side effects or health risks, you may have a legal claim. It’s important to speak with an attorney to understand your rights and options.
