Physicians undergo extensive training in the medical field. With this training comes responsibility and ethics. Each and ever licensed Doctor has a duty when practicing medicine to perform medical services with the highest form of care and ethics. It is this Standard of Care in which each doctor must practice, and must not deviate from this Standard of Care. If a doctor does work outisde of the standard of care in which doctors common within that community practice, it is possible that the Doctor has committed Medical Malpractice. However, just because a Doctor deviated from the Standard of Care does not mean you instantly have a case for Medical Malpractice. If there are no damages, then it will be very difficult to pursue your case to victory for an amount of compensation satisfactory to you. In the law, there are multiple elements required to be satisfied in order to win a case. Every case has its particular idiosyncrasies with its specific legal ramifications, twists, and turns.
You have may heard of Informed Consent. Sometimes, not only is the actual medical procedure at issue, but also whether the patient consented to the procedure/surgery. Were you properly informed of the risks of the procedure and did you consent to it? This is also known as the doctrine of Informed Consent. Informed Consent requires the doctor to provide you with adequate information, including the risks of the medical procedure so that you, the patient, can make an “informed decision”. Under very unfortunate circumstances, doctors may overlook this important aspect of the practice of medicine and simply ignore the patient’s requests and/or insufficiently notify the patient of the risks involved in the medical procedure or surgery. These kinds of cases are truly unfortunate. In such cases, damages may ensue, both physical and mental/emotional/psychological. In such cases, a doctor should try to right the wrongs. In such cases, a doctor may deny any wrongdoing of any kind. In such cases, a lawsuit may follow where the entire case revolves around a “He-Said-She-Said” predicament. These cases can become quite complicated. As a result, if you find yourself in these or other similar circumstances of Medical Malpractice, do not hesitate to the contact the Firm.