Malpractice Case with BNI LAW
In cases that are a result of negligence, one that is most unfortunate is a medical malpractice case. We put a lot of trust in medical professionals, and while we can understand that a mistake can happen here and there, some mistakes can result in lifelong debilitating illnesses. Some examples of medical malpractice cases are birth injury, misdiagnosis, and medical negligence.
The first thing a malpractice case Attorney will look at is establishing the duty of medical care. This generally means establishing that an agreement or relationship between the doctor and patient exists since doctors aren’t automatically required to just treat anyone they meet.
That being said, a patient that has established a relationship with a medical professional must also consent to the treatment given to them. The principle of informed consent requires a physician to provide information about a patient’s medical condition and the available medical care options so that the patient may make an informed decision as to whether or not to consent to a proposed plan of treatment. The doctor must adequately inform the patient of the diagnosis, the nature and purpose of the treatment, any alternatives, the benefits and risks of the procedure itself and the risks of not undergoing the procedure, and any available alternatives. In essence, under the concept of informed consent, the doctor must not only get the patient’s consent to treatment but the treatment must be obtained from a fully informed patient.
Doctors are also required to keep their patients’ information private. Any medical professional who breaches this duty by disclosing confidential information, including your medical records, may be liable for damages in the case of an injury. There are few exceptions, such as if a doctor is required to report certain communicable viruses to authorities, or reporting suspected incidents of child abuse.
Though you may be consenting to certain risks inherent in the medical procedure, you generally do not consent to the negligence of the practitioner performing the procedure. The forms of consent to treatment can be given orally or in writing, and in the case of an unconscious patient who is unable to consent, a family member may give consent in this case.
Doctors and medical professionals are still responsible to treat you in the best way possible, even in the cases where consent doesn’t need to be given. Medical malpractice may happen to you. Brotman Nusbaum Ibrahim & Adelman is a trusted and dedicated law firm that will do its due diligence to make sure you or your loved ones get compensation for a malpractice case. Please call 561-417-5656 for a free consultation today.