Helping 20 Million Americans a Year for 20 Years. FREE!
Find the Right Lawyer for Your Legal Issue!

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential

Call us today for a free consultation (855) 466-5776

What can be done regarding an injury suffered by a patient due to an experimental treatment that was used on them without their consent?

Question Details: Somone I love dearly had a stroke caused by the radiologist during carotid stenting. While a consent was signed that stroke was possible, we were told 1-2%, we didn't know that the radiologist wasn't going to use dystal embolic protection; he never told us verbally or mentioned it in a consent form. Later we found out from the insurance company that their claim was denied due to not using dystal embolic protection.They stated that the procedure was considered investigational,experimental and unproven. How can I present it to an attorney? Attorneys don't like to work much on the case that doesn't guarantee a 100% win, so won't even try. By searching different articles I found that the use of embolic protection techniques during carotid angioplasty and stenting is currently a standard of care. Interventionalists almost uniformly use an embolic protection device carotid artery stenting, EPD designed to reduce the risk of stroke caused by thromboembolic material dislodged during carotid stenting. Given the contemporary level of acceptance of embolic protection, any routine carotid stenting done without embolic protection should be done only with the institutional review board's approval and patient's consent.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.