Above all, it must be remembered that under law, physicians are bound by an obligation of means and not an obligation of result. What does that mean? He is not required to guarantee the success of surgical intervention or a diagnosis, but rather that he must take all the means at his disposal to promote such an outcome. The first obligation assumed by the doctor is to ensure your free and informed consent before proceeding with an intervention! This means that a health professional must inform you, but what information must be disclosed to a patient before an intervention?
A prudent and diligent physician should communicate the following information to the patient before proceeding with the procedure!
- The risks of undergoing the procedure
- The risks of not undergoing the procedure
- The expected benefits of the treatment
- Possible medical alternatives
- The nature of the care provided
The physician must ensure that the patient understands the information given before proceeding! Not only must the list mentioned above be communicated to the patient, but a prudent and diligent physician must go further than this simple disclosure since he must ensure that the patient understands the information transmitted to him. to make a truly informed decision.
A lawsuit for medical liability may be based on the absence of consent and the breach of the obligation to inform. If a physician performs a risky surgery without adequately informing the patient of the dangers, the professional’s liability may be engaged.
That said, when a failure to disclose the risks is blamed on the doctor, he can try to defend himself by alleging that even if the victim had known the risks, he would still have accepted the intervention because of its need. Learn more on fuchsberg.com to know more.
What Will You Get As Compensation For Medical Malpractice?
The civil and medical liability lawsuit seeks to compensate for accidental harm, not to enrich the victim at the expense of the medical professional. This is why the compensation awarded should only be used to compensate the victim for the personal injury he suffered due to medical malpractice.
Compensation in monetary compensation will be the most common form of compensation awarded. This indemnity will aim to cover the financial losses and the therapeutic costs, but it may also compensate for the psychological suffering caused by the medical intervention, provided that the victim provides sufficient proof. Can the heirs claim compensation in the event of the death of the victim? If the medical error has caused the death of the victim, the heirs of the latter may themselves bring an action against the doctor to obtain compensation for funeral expenses, for the loss of economic support (if the victim supported his relatives) as well as compensation for the suffering suffered by the victim as a result of the fault.
Restitution in a medical malpractice action may not seek to enrich the plaintiff, but it is certainly effective in obtaining fair compensation for the suffering experienced. It is best to explore this solution thoroughly with a lawyer like New York Auto Accident Attorneys for example specialized in the field!