HomeNews Legal News Medical Malpractice Lawyers and the Importance of Patient Autonomy

Aug 02, 2022 in News --> Legal News

Medical Malpractice Lawyers and the Importance of Patient Autonomy

Patient autonomy plays a critical role in a quality healthcare system. Medical malpractice lawyers should be mindful about how compromises to patient autonomy can impact patient safety and result in negligence. The Ontario Supreme Court of Justice highlighted the importance of this issue with its ruling in Hemmings v Peng, a case our firm won at trial. 

The Details of the Case

Sophia Hemmings was a pregnant woman who experienced anesthetic complications while in labour. Sophia underwent an urgent caesarean section when she went into cardiac arrest. As a result, she suffered severe brain damage that rendered her non-verbal and unable to live without full-time support. 

The trial judge found that Sophia’s medical team delayed pregnancy tests and informing her that she was pregnant. Sophia was at risk of, and endured, many complications from her pregnancy. The plaintiffs claim that if Sophia had been informed of these complications earlier on in her pregnancy, she would have opted to terminate the pregnancy. 

Dr. Padmore, one of Sophia’s doctors and a Defendant in the case, had a policy of not presenting the option of abortion to a patient unless first brought up the patient themself. This resulted in the trial judge finding that Dr. Padmore had been negligent. 

Justice Gow stated: 

“the standard of care should anticipate a range of knowledge and understanding in patients and the need to tailor conversations with the patient based on the patient’s education, employment status and knowledge. Having sought contraception from Dr. Padmore following unprotected sex and not wanting to get pregnant, Sophia Hemmings was to ‘be provided with the option of full and immediate counselling service in the event of unwanted pregnancy.”

The ruling is currently being appealed by the defendants.

How This Impacts Medical Malpractice Lawyers

The Hemmings case reinforces the critical importance of providing fulsome information to allow patients to exercise their agency in making decisions: Even an omission of information could lead to a charge of negligence. 

“Patient agency must be recognized above all else – it’s not acceptable and should never be acceptable to not give patients the information they need to make responsible decisions for themselves,” Daniela Pacheco, one of the Neinstein lawyers representing Sophia and her family, says. “Physicians are service providers, and their role must be alive to that. This case is a catastrophic situation where you see what may happen when people aren’t given that decision-making authority.

“Autonomy is critical and it’s important to recall that. It’s not a physician’s decision – it’s the patient’s. Overall, the plaintiff in this case was lost in the shuffle: a tale as old as time in medical malpractice.”

Your Medical Malpractice Claims Handled by Proven Medical Malpractice Lawyers

Medical malpractice lawsuits can often hinge on your medical malpractice lawyer’s keen understanding of the law and the medicine. To ensure your case has the best chance of success it is important to work with experienced medical malpractice lawyers. 

Book a free, no-obligation with our medical malpractice lawyers today. We’ll help you understand your claim, tell you what legal options are available, and help you make an informed decision on next steps.

Talk to us today.

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