When people hear the term “medical malpractice,” their first thought is often of a surgeon leaving an instrument inside a patient or a doctor making a critical diagnostic error. While these are indeed examples of hospital and doctor negligence, medical malpractice lawsuits can also stem from scenarios in which a physician, nurse, or other medical professional performed a treatment without first obtaining a patient’s permission.
Injured due to lack of patient consent? Contact our lawyers in Sedalia, MO for a free consulation today!
If you were harmed due to a doctor’s unauthorized performance of a procedure, our team of award-winning Columbia, MO medical malpractice lawyers at Kempton & Russell can fight for justice on your behalf and pursue every penny’s worth of your entitled compensation.
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One of the basic principles of practicing medicine involves a medical professional’s duty to receive a patient’s consent prior to treating them. This consent may be manifested in two different forms: express and implied. Express consent, also known as informed consent, involves a patient specifically agreeing to a particular treatment, usually in written form. This type of consent is required for surgical procedures and involves the patient being educated of all possible complications that could arise during or after a procedure. Unless a patient is sufficiently informed of all associated risks and has signed a consent form, most surgeries may not take place.
Conversely, implied consent is assumed by doctors depending on the situation at hand. For example, when a person makes an appointment with a doctor, it is implied that the patient wishes to receive care. A patient’s nodding of the head, showing up at a predetermined time for surgery, or preparing for surgery by fasting for 24 hours can sometimes be interpreted as implied consent. Likewise, doctors have the right to treat an unconscious patient if it is an emergency and the patient’s medical proxy is not present.
In many cases, lack of consent claims are filed in relation to situations where a doctor operates on the wrong body part or performs an added procedure when the patient had only agreed to one operation on their consent form. Patients may also file claims of this nature when complications arise during surgery which were not listed on their consent form, complications occur which were far more common than they were told, or when a doctor’s description of complications directly contradict those listed on the consent form.
Generally speaking, violations of consent fall into the following categories:
Depending on the circumstances, if it can be proven that your doctor did indeed harm you by performing a treatment without your consent, you may be able to pursue financial restitution for your resulting medical expenses, pain and suffering, lost wages, reduced quality of life, and other damages. At Kempton & Russell, our team of Columbia, MO personal injury attorneys understand the frustrations and distress you must be experiencing and are committed to doing whatever we can to ensure your rights are protected during this time. From filing all necessary paperwork to pursing litigation in court if necessary, we have what it takes to help you get the result you need.
Do not let an irresponsible doctor get away with harming you or your family. Get in touch with us today to take the first step towards filing a claim.
Our Sedalia personal injury lawyers are ready to help you seek justice and financial recovery, no matter how complex your case may be, and no matter who the legal opponent is. Our legal advocates know how to assert clients’ rights against national insurance companies, large manufacturers, and other deep-pocketed opponents, coming away with legal victories for our clients time and again.
$6.463 million jury verdict in favor of a Missouri coal mining company because of the tortious interference by a state regulatory official with the coal company's agreement to sell to another company.
$4 million jury verdict in favor of an individual whose leg was amputated following a collision with a trailer that came loose from a pickup truck.