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Medical Malpractice : Uninformed Consent

Medical Malpractice : Uninformed Consent

In most cases doctors need informed consent of the patient before performing any medical procedure on a patient. However, sometimes under certain circumstances, there will be moments where a doctor does not need the patients informed consent, and those are the following:

During an Emergency

When there is an emergency, there is a lack of time in explaining all the known risks that could occur. The doctor has to quickly react in order to save the patient’s life. If the patient would not have allowed the treatment during these circumstances, they cannot sue regardless of the fact.

When a patient is very emotionally fragile: If the doctor knows that a patient is so emotionally overwhelmed that will cause them to refuse a procedure or a treatment that is in other words required to save their life, then the doctor might not need an informed consent. Ax example would be if a life threatening tumor in the brain needs to be removed, but by removing it, the patient could suffer severe risks such as, paralysis.

This also applies to a patient becoming swamped with stress if too much detail is explained to them. In this case, the doctor is able to hold back some information from the patient. The doctor determines how much information to tell or not to tell the patient, but they need to explain why they decided not to disclose it to the patient.

Doctor Executing a Different Procedure

What if you gave informed consent for procedure 1, but then procedure 2 was performed? In this case, the patient can sue because there was no informed consent for procedure 2. The patient can still sue even though procedure 2 was successful.

If procedure 2 was performed because of a mistake, or because it was not necessary to begin with, then those are the means for a claim.

If the doctor is performing procedure 1 and while doing so encounters a grave medical condition, they can perform procedure 2 on the patient to remove that problem without having gotten the informed consent from the patient. For example, a mother goes in for a C-section, but during the C-section, the doctor notices a dermoid cyst on one of her ovaries and removes it because it can cause her complications further in life because these cysts tend to grow.

Given the circumstances the procedure may involve injury that may require legal compensation where the procedure leads to damages and may constitute medical malpractice. These situations are difficult to handle if you are unaware of the law and require the services of a legal consultant. We handle several such cases involving medical malpractice on a daily basis and can provide you with expert guidance.

Don’t Wait Another Day – Seek Legal Advice

Were your informed consent rights violated with no viable explanation? We are masters with cases that revolve around informed consent. Your rights should be respected, unless absolutely necessary, and even then, sometimes medical malpractice happens. Just recall that medical malpractice claims need to be done so in a certain time.

Contact Percy Martinez Law firm now or Call us now (305)529-0001 or come face-to-face with our team of medical malpractice competent legal representative to discuss your case.

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Tuesday, 02 March 2021
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