In practice of medicine, all doctors are bound to their patients, in that there is an understood relationship that the doctor will treat the patient based on the symptoms or condition. The patient must first consent to the treatment, essentially giving the doctor permission to provide care. this might encompass diagnostic examinations to prescribing medications.
Defining Medical Negligence
In turn, it is understood that the doctor will provide treatment based on the expected and reasonable standards of care. An example of a violation of this expected trust would be if the patient complained of flu-like systems and the doctor prescribed the wrong medication, making the patient’s symptoms worse.
While this is a common scenario in medical malpractice cases, medical negligence goes a step beyond this. This occurs when the doctor performs a procedure or offers treatment without the patient’s permission. Consent must always be given—no exceptions. A patient may provide permission either verbally or, as is often the case in a major procedure such as surgery, with written consent.
When Does Lack of Consent Occur?
Furthermore, before performing a procedure such as surgery, the doctor must discuss with the patient any potential risks. It serves as a forewarning to the patient about what could potentially result from the surgeries—both good and bad, and that the patient is fully aware and would still like to proceed.
There is also the concept of implied consent. This would be if the doctor suggests a treatment, such as providing a prescription or an inoculation, and these are given to the patient. The patient has given consent to these by accepting them and does not require written consent or verbal agreements.
When does “lack of consent” actually occur? Here are some examples:
- The doctor fails to recognize potential complications, or has failed to recognize that the patient has suffered due to the treatment.
- The doctor did not thoroughly or completely explain the full extent of the complications involved.
If you believe this is your situation, there are options to help you. You may be able to find financial compensation and take legal action against the doctor or the hospital where you received care. The compensation can be used to recover the costs of the initial treatment, the care needed to correct the problem, as well as rehabilitation, costs of lost income due to being unable to work, and emotional anguish.
Do not wait to seek legal counsel if you believe you have a case. Freidin Brown, P.A. are seasoned and highly successful Miami medical malpractice lawyers with more than 100 years of combined experience. We are prepared to work on your case—call us today!