Variations of Medical Malpractice

There are many forms of medical negligence, also known as medical malpractice. Lack of consent is one of them, and when this type of violation has caused a significant amount of pain and harm to the patient, then the patient has the right to sue the hospital or doctor who has made the error. This is because medical malpractice is not only due to an error in misdiagnosing or surgical procedures, and also covers areas where doctors or medical professionals have performed procedures that the patients have not given consent to. This leads to the doctors giving their patients personal injuries, which are eligible for lawsuits and other damages.

The hospital and the doctor that is in charge of the patient have the responsibility to acquire the “expressed” and “informed” consent of the patient before proceeding with a medication or procedure. Most surgeries require the expressed written consent of the patient, and often the doctor will discuss the possibilities that can result from the treatment and it will not be done if the patient did not sign the form. Nevertheless, it takes more than just the patient’s expressed consent for the treatment to proceed, because the patient should also be informed regarding the risks and complications that could possibility arise during the procedure or treatment. Informing the patient regarding the possible side effects or negative outcome can inform the patient whether they choose to continue with the procedure or treatment or find other alternative.

A patient can file an injury claim for lack of consent if the doctor performed a procedure or treatment on the wrong part of the patient’s body, or if the doctor has performed a second, unnecessary medical procedure that resulted in harm to the patient when the patient has only expressed consent to one procedure. There are many other issues that can be reasons for an injury claim from lack of consent. Lately, there has also been the need for informed written consent for medications, since there are many prescriptions that can cause serve side effects that the patient should be informed about. According to the website of Williams Kherkher, one of the prescription medications that can cause severe health complications is Risperdal.

The main reason to express and inform the dangers and risks of a surgical procedure or medication to the patient is to have the patient fully understand the chances of success (along with failure) of the proposed procedure. By law, the patient has the right to make informed decision regarding their own body and health regarding permitting a procedure or medication or not.