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Personal Injury Blog

Medical Battery and Medical Malpractice

Posted October 05, 2019 in Personal Injury Blog

Personal Injury Lawyer

When physicians fail to get prior consent for procedures they perform, it can result in a case of committing medical battery. However, a lack of consent is not the same as a lack of “informed consent.” Lack of consent is a form of “battery.” Battery is a type of criminal charge stemming from the unauthorized application of force upon another person’s body, which results in physical harm. Or, it could result in an act of unlawful physical contact or touching. 

Medical battery occurs when a doctor, hospital, or another healthcare provider does something to you with intent and without your consent. If you are unable to give consent, then a representative for you must provide it. It’s important to note that in many emergency situations, consent is implied. 

However, outside of these emergencies, you should not be touched at a hospital without your consent. Medical malpractice attorneys can help you press a claim if you’ve experienced a situation such as this. Medical malpractice lawyers work in a more specialized focus within personal injury law. As such, they are not afraid to take aggressive legal action against physicians and surgeons that perform procedures on patients without their consent. Everyone has the right to make informed decisions about their bodies.

Obtaining Consent

When you have to undergo a surgical procedure, you are typically asked to sign a consent document that informs you of the risks that can accompany the surgery. Your surgeon may or may not tell you about the possible outcomes that are expected from the procedure and the risk involved, the likelihood of side effects, and the potential for an unfavorable result. 

The form provides you crucial information, but also intends to cover the doctor or hospital’s liability if something goes wrong. Supposedly, you were told what could happen, so you can’t accuse the surgeon of not getting prior consent. However, doctors do not always inform patients of all the details, the potential for further problems, or the risks involved. In this event, you may be able to claim medical battery or harm to the body, as this was not part of the consent you gave.

Getting the Help You Need

Medical providers and facilities are usually careful to protect themselves from medical battery claims. Consequently, a malpractice attorney needs to perform a careful, precise, and thorough investigation and preparation. A lawyer also needs to have knowledge and experience in the focus of medical malpractice. 

Not all personal injury attorneys are qualified and seasoned medical malpractice lawyers. Medical malpractice attorneys need to be ready to present your case in court against the high-powered attorneys working for doctors and insurance companies. Make sure to find a lawyer with significant courtroom experience and a winning record.

For more information on medical battery and medical malpractice, contact a knowledgeable and experienced hospital negligence lawyer in Salt Lake City, UT to schedule a consultation. When you sit down with an attorney, be prepared to discuss your unique needs, and choose the person who will best represent your rights and best interests. 

 


 

Thanks to Rasmussen & Miner for their insight into medical malpractice and battery.

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