Violation of Patient Consent
Medical Malpractice Lawyer in Toledo
Medical malpractice oftentimes means that a doctor acted negligently or
did something wrong. While this is often the result of a doctor prescribing
the wrong dosage of medication or failing to diagnose a condition properly,
medical negligence lawsuits can also stem from instances in which a doctor
performed a treatment without a patient’s permission. If you were
treated by a doctor without your permission, causing you harm, the knowledgeable
Toledo medical malpractice attorneys at Williams DeClark Tuschman Co., L.P.A. can represent your interests
and fight in pursuit of deserved compensation on your behalf.
Countless clients have trusted us with their cases for the following reasons:
More than $50 million recovered in
verdicts and settlements
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- More than 50 years of dedicated legal experience
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Call (419) 318-0772 or
schedule a free consultation today to discuss your legal options.
Express vs. Implied Consent
Doctors and health care providers must receive a patient’s consent
before treating them. Consent can take two different forms: express and
implied. Exactly as it sounds, express consent is the act of a patient
specifically providing permission, oftentimes in writing, to a particular
treatment. This type of consent is required for surgeries and involves
the doctor or nurse presenting the patient with a list of potential complications
that could present themselves during the operation. Surgeries may not
be completed unless this form is signed and the patient is sufficiently
informed of the risks.
Implied consent, on the other hand, means that consent is assumed given
the circumstances. For example, if a person sees their doctor and receives
a flu shot at their doctor’s suggestion, they have given their consent
to receiving the shot without the need for any sort of express signature
or statement. Similarly, doctors reserve the right to treat unconscious
patients in emergency situations where no medical proxy is present.
Grounds for Lack of Consent Injury Claims
Lack of consent claims often apply in situations when a doctor inadvertently
performs surgery on the wrong body part or decides to perform an additional
non-emergency surgery when the patient had only consented to one procedure
on their consent form. Lack of consent claims can also be related to instances
in which a complication occurs during surgery that was not listed as a
possible risk on the consent form, the complication was far more common
than the patient was made to believe, or the doctor’s description
of potential complications contradicted what was stated on the consent form.
Consent violations can take two forms:
1. Failure to recognize a complication: While not every single complication can be foreseen, complications that
are rare but well-known enough to be discussed in medical literature must
be listed on consent forms.
2. Improper description of a complication: Consent forms must accurately portray the chances a patient will experience
a certain complication. For example, if a person experiences a complication
that is known to occur 10 percent of the time during surgery, but the
consent form erroneously stated that the complication only affected 1
percent of patients, the patient may argue that they would not have undergone
the procedure if the odds were accurately represented.
Individuals who are treated without proper consent and harmed due to this
treatment may have grounds to file a civil claim against the doctor, the
hospital, or both in pursuit of compensation for their resulting medical
expenses, lost wages, pain and suffering, and rehabilitation costs. If
you have been a victim of violation of patient consent, we urge you to
contact our knowledgeable attorneys as soon as possible to discuss your
options and determine the most appropriate course of action to pursue.
Get a Toledo Personal Injury Attorney on Your Side
At Williams DeClark Tuschman Co., L.P.A., we understand the frustrations
and agony you must be experiencing and we are prepared to explore every
opportunity to secure the financial recovery you deserve. Our experienced
litigators have fought and won on behalf of countless clients and have
what it takes to assert your rights during this difficult time. Nobody
should be forced to live with the consequences of a negligent doctor’s
actions. Let our Toledo medical malpractice lawyers fight to protect your
rights and ensure that no one else should have to suffer a similar fate.
Contact our office online today to get started towards filing a claim.