Lung Cancer Medical Negligence Failure to Obtain Informed Consent

Lung Cancer Medical Negligence Failure to Obtain Informed Consent

John Whelan Solicitor with specialist expertise in Lung Cancer Medical Negligence gives a case example of failure to obtain informed consent.

Case Example: Failure to Obtain Informed Consent in Lung Cancer Treatment

Patient Background:

A Patient with a long history of smoking is diagnosed with stage IIIA non-small cell lung cancer (NSCLC) after presenting with a persistent cough, shortness of breath, and chest discomfort.   The Patient’s medical team, including a thoracic surgeon and oncologist, recommends surgical resection followed by chemotherapy.

The Patient is unfamiliar with the details of lung cancer treatment and expresses anxiety about undergoing surgery.   The Patient’s oncologist discusses the importance of the surgery but does not provide a detailed explanation of the risks, alternative treatment options, or potential outcomes of not proceeding with surgery.

Consent Process:

The surgeon schedules the surgery quickly due to the Patient’s age and the stage of the cancer. During a brief pre operative consultation, the Patient is presented with a standard consent form, which the Patient signs without receiving a thorough verbal explanation of the surgery's risks, benefits, and potential complications. The Patient assumes that surgery is the only option available and does not ask questions due to the rushed nature of the discussion.

There is no mention of alternative treatments, such as chemoradiation as a non surgical option, neoadjuvant chemotherapy (chemotherapy before surgery), or the possibility of enrolling in a clinical trial for new therapies.

Complications Post Surgery:

The Patient undergoes a lobectomy to remove the tumor, but suffers a series of postoperative complications, including a severe lung infection and pneumothorax (collapsed lung). These complications prolong the Patient’s hospital stay and require additional interventions, significantly affecting the Patient’s quality of life.

After surgery, the Patient learns from another oncologist that chemotherapy with radiation might have been an alternative option that could have avoided surgery altogether, especially since the cancer was at a borderline stage where surgery and chemoradiation were both possible treatment paths.   The Patient expresses frustration that they were not informed about the full range of treatment options and potential risks of surgery before consenting.

Issues:

1. Incomplete Information About Treatment Options.

2. Failure to Explain Risks and Complications.

3. Lack of True Informed Consent.

Important Points from the Case:

1. Comprehensive Informed Consent.

2. Discussion of Alternatives.

3. Time and Opportunity for Questions.

What should be done:

a)       Detailed Conversations.

b)       Tailored Information.

c)       Documentation of Consent Process.

For more detailed insights into how the Patient Safety Act 2023 impacts you and how Whelan Law can support you, please visit our Lung Cancer Medical Negligence https://www.whelanlaw.ie/news/rising-lung-cancer-medical-negligence-claims-a-reflection-of-modern-medicine/