Question about medical ethics / legality

varkam

(1000+ posts) Send PM | Profile | Ignore

Thu May-11-06 10:31 PM
Original message

Question about medical ethics / legality

Perhaps someone more well versed in this can help me.

If a doctor (in this case, an ENT surgeon) gives a patient misleading information regarding the efficacy of a certain treatment over other forms of treatment as well as the safety of the treatment, and the patient subsequently takes the treatment, nearly dies as a result, and the condition is not improved - what is the legal recourse of the patient?

Printer Friendly | Permalink | | Top

Orrex

(1000+ posts) Send PM | Profile | Ignore

Thu May-11-06 10:42 PM
Response to Original message

1. Is the ENT affiliated with a hospital? Or is it an independent practice?

That could affect the range of options, I think.

Printer Friendly | Permalink | | Top

varkam

(1000+ posts) Send PM | Profile | Ignore

Thu May-11-06 10:56 PM
Response to Reply #1

2. Not a hospital

But it is a practice that houses several other physicians, not just the one in question.

Printer Friendly | Permalink | | Top

unblock

(1000+ posts) Send PM | Profile | Ignore

Thu May-11-06 10:58 PM
Response to Original message

3. sounds like the makings of a malpractice suit

i'd talk to a lawyer who specializes in such things.

Printer Friendly | Permalink | | Top

Sgent

(1000+ posts) Send PM | Profile | Ignore

Sat May-13-06 12:26 AM
Response to Original message

4. If he has hospital

privlidges (regardless of whether the practice is the hospital or not), reporting him to the hospital physician staff office could result in a QA review by the ENT department.

A negative finding could have significant reprecussions on his career, ability to accept insurance, get malpractice insurance, etc. Even a neutral finding could at least get him "talked to" by his peers.

A report to the medical board could have larger reprecussions -- but there will have to be clear evidence of negligence beyond just your statements.

Finally, a malpractice attorney could possibly help -- but the chances are low.

Printer Friendly | Permalink | | Top

Warpy

(1000+ posts) Send PM | Profile | Ignore

Sat May-13-06 10:03 PM
Response to Original message

5. Two things need to be proven for a malpractice case

First, the patient has to prove he was harmed. "Not getting any better" is not considered harm in this case, unfortunately. However, persisting with an ineffective treatment that caused the patient actual physical damage might be.

Second, the physician has to be either acting outside his scope of practice or negligent in providing the standard of care for that particular ailment.

"Nearly dies as a result" is going to be a hard one to prove in a court of law. A good malpractice attorney can help you evaluate the merits of the case. Listen to him and take the advice.

Printer Friendly | Permalink | | Top

DU AdBot (1000+ posts)

Mon Apr 29th 2024, 07:31 PM
Response to Original message

Advertisements [?]

Top

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators

Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.