Violation of Patient Consent Lawsuits

Kempton & Russell Defends You in Medical Malpractice Cases

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.

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.

Countless clients have turned to our firm for assistance for the following reasons:

• More than 60 years of trial-tested legal experience
• Recognized by Super Lawyers®, Best Lawyers®, and Martindale-Hubbell® for excellence
• Millions of dollars recovered in verdicts and settlements
• Personalized, one-on-one representation

Call (660) 722-4115 or schedule a confidential case review today to discuss your legal options with one of our firm’s skilled professionals.

Examples of Patient Rights Violations

• Failing to provide sufficient staffing
• Failing to provide quality care
• Failing to provide proper nursing services
• Abandoning the patient
• Isolating the patient
• Failing to treat the patient with dignity or respect
• Administering unnecessary psychotropic mediations

What is the Difference Between Implied and Express Consent?

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.
• 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.

What Information Needs to Be Disclosed By a Doctor?

Claims regarding lack of informed consent are one of the least-discussed types of malpractice claims, but are usually one of the most common forms of malpractice. According to 401 Mass. 1006, "A physician owes to his patient the duty to disclose in a reasonable manner all significant medical information that the physician possesses or reasonably should possess that is material to an intelligent decision by the patient whether to undergo a proposed procedure."

The following types of information are required to be disclosed by a doctor:

• The course of your treatment before you undergo the treatment
• Potential patient complications

If you believe that you have been treated with negligence, contact our Sedalia attorneys for aggressive assistance in seeking medical compensation for your suffering.

Elements of a Lack of Consent Claim

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:

• Failure to identify: While no doctor can foresee every complication, those which are rare but are common enough to be medically documented must be included on consent documents.
• Improper description: Consent forms must provide an accurate representation of a patient’s risk of experiencing certain complications. For example, if a patient suffers a complication known to afflict 15 percent of patients, but the consent form only said that 1 percent of patients ever experience said complication, the patient may be able to argue that they would not have consented to being treated if they would have been provided with accurate information.

Pursue the Fair Compensation You Deserve

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.