Physicians undergo extensive training in the medical field. With this training comes responsibility and ethics. Each and every 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 from which each must not deviate. If a doctor does perform outside 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 viable damages, then it will be difficult for a Plaintiff to win a lawsuit. 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 may have heard of Informed Consent. Sometimes, not only is the actual medical procedure at issue, but also whether the patient consented to the procedure/surgery. The doctrine of Informed Consent requires the doctor to provide you with adequate information, including the risks of the medical procedure, so that a 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 matters, damages may ensue, both physical and mental/emotional/psychological.
If you find yourself in a similar situation and need legal help, call the law firm now.