April 21, 2024

The Complexity of Consent in Medical Malpractice Cases

The concept of patient consent can be very vague in the context of medical errors. In the case of a surgical operation, for example, a surgeon, whatever his field, must specify the risks to the patient. This information obligation is necessary to obtain the “free and informed” consent of the patient.

During a risky operation, the patient must have information on the nature of the operation and the associated risks, the consequences of non-operation, the expected benefits of the operation, and the possible alternatives. If a patient did not obtain all of this information before an operation, the surgeon could be sued for damages because he was at fault. We will then have to determine if the surgeon has taken the time to state all the information on the authorization form and if the obligation to inform has been respected. We will also have to determine the damages related to this fault or omission.

Who Can Sue A Doctor For Medical Error?

In general, anyone who suffers damages due to professional misconduct can sue the author for these damages through lawyers like Jacob D. Fuchsberg Law Firm for example. Depending on whether the patient is unfortunately deceased or not, the people who can sue a doctor are not the same.

If the patient is deceased, his heirs who have accepted the estate may, under the law, sue the doctor on behalf of the deceased. The estate may also sue the author for the damage in its name. Indeed, losing a close or dear person is a valid reason to file a lawsuit with the doctor and obtain compensation.

If the patient victim of the medical error is alive, he can obviously sue the doctor responsible for the damage suffered in his name. In addition, anyone who has suffered damage in connection with the doctor’s fault can also bring legal action against the doctor. This may or may not be a relative of the patient.

What Types Of Damages Can I Claim?

A person who brings a lawsuit against a physician may claim personal damages suffered as a direct result of the fault. Loss of salary, moral damage, or pain may be grounds for compensation. As we mentioned earlier, the loss of a loved one is valid to sue a doctor. Relatives can claim the sum covering the funeral expenses related to the relative’s death. Finally, if the deceased person was a breadwinner, for example, the family can claim damages through a lawyer like NYC Motorcycle Accident Lawyer for example because the deceased person supported them.