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Clinical trial patient claims hospital failed to warn about risks

Imagine that you are suffering from an illness that currently does not have an approved cure or treatment, but there is a clinical trial that looks promising. There is a list of side effects that could occur, but you are not warned about one that can lead to a serious and even fatal infection. It isn't until after the clinical trial has begun that you learn about this side effect though. But by this time it's too late. You have already contracted the fatal infection and now only have a few months to live.

A situation such as the one above might leave any one of our Florida readers overwhelmed or frustrated by the situation and wondering what their next steps should be. The thought of seeking legal counsel might also cross a person's mind, especially after considering the costs associated with suffering an injury because of hospital negligence or wrongful death for the same reason.

Unfortunately for one woman in another state, this was the case for her, which left her likely wondering what her next steps should be. Much like the example above, the woman in this case claims that she was not warned about the possibly of contracting a serious brain infection during a clinical trial in which she participated. She later contracted the infection that could cause damage to her brain and spinal cord, and in due course could lead to death.

Now, because the infection could deteriorate her condition to the point where she may not be able to answer questions related to her claim of medical malpractice, she and her husband are trying to work quickly to convey their side of the story before she passes away from the infection.

Much as anyone in her situation would do, she is seeking compensation for what she and her husband feel was negligence on the hospital's part. Though the infection was a known side effect of the drug used in the clinical trial, the possible fact that she was not warned about this could mean that the hospital is liable for damages. In the end, depending on how a judge decides in the case, the victim and her family may receive compensation.

Source: Courthouse News, "Horrible Ending to Clinical Drug Trial," Iulia Filip, July 7, 2014

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