What Is Failure to Warn in a Medical Malpractice Case?

 Posted on April 30, 2025 in Medical Malpractice

Whether you go to a doctor’s office, clinic, or hospital, you expect the trained doctors and nurses to provide competent care. Sadly, the level of care is sometimes lacking, and harm results. Medical malpractice can take many forms, such as misdiagnosis, medication errors, and surgical mistakes.

Failing to warn a patient or the parents of a minor patient about known risks with proposed treatments is also medical negligence. When harm results from a healthcare provider’s negligence, our skilled Bloomington, IL medical malpractice attorneys are strong advocates who fight for maximum compensation on your behalf.

What Is Failure to Warn?

Physicians are responsible for considering a patient’s medical history, current conditions, and known illnesses and allergies before prescribing procedures, medications, or treatments. Healthcare professionals are obligated to fully inform patients or their authorized representatives about any known risks. With a thorough understanding of the situation and potential adverse outcomes, the patient can make an informed decision about how to proceed. Failure to warn can be:

• Failing to inform a patient’s family members about the risks of contagious diseases
• Failing to follow up on a patient’s treatment
• Failing to tell patients about a medication’s side effects
• Failing to fully disclose known risks and complications associated with a procedure or surgery

When medical providers do not uphold this duty to warn and harm results, the patient or their families can likely file a medical malpractice claim.

What Is an Example of Harm Caused by Failure to Warn?

A baby boy was born with heart disease on March 31st, 2025. Days after his birth, a stent was placed to address this congenital condition. The boy was cleared to be discharged from the cardiac neonatal intensive care unit of the hospital. Before his release, his parents were asked if they wanted their newborn to be circumcised, which is a routine procedure. However, according to the parents, they were not informed that babies with a congenital heart condition have elevated risks with circumcision.

The infant’s parents say he bled for over 10 hours, which caused kidney, liver, and brain damage. The child has undergone four additional surgeries and has daily blood transfusions. As of April 27th, 2025, his condition remains critical. Although this tragic event occurred in New York City, it could happen anywhere.

What Damages Are Available in a Failure to Warn Medical Malpractice Case?

Damages differ by patient because each experiences different kinds of harm and related losses. Potential damages include current and future medical treatment expenses that result from the medical negligence, lost income, pain and suffering, permanent disability, and other adverse impacts on quality of life. If the failure results in death, the family can pursue additional damages through a wrongful death claim.

Medical malpractice claims are usually extremely complex. Confusing medical jargon, cause-and-effect, a bias against claimants in these medical malpractice claims, and intricate legal concepts make these cases challenging to win unless you have an experienced attorney fighting for your best interests.

Speak With Our Knowledgeable Peoria, IL Medical Malpractice Lawyers

Whether your harm resulted from a failure to warn or another form of medical negligence, you can count on Kanoski Bresney for exceptional advocacy. To discuss your case with one of our trusted Springfield, IL personal injury attorneys, contact us at 888-826-8682 or online to request your complimentary case review today.