If a procedure was not successful, is that medical malpractice?
Medical malpractice does not occur every time medical treatment is not successful. Doctors are not guarantors of the services which they render. A doctor is, however, required to have the necessary knowledge and experience to perform the services in question. Further, doctors must exercise the skill and care that others in the community use when dealing with similar treatments.
I signed the informed consent form before surgery. Did I give up my rights when I signed?
No. While the form may impose certain limits on your rights, signing a statement assuming the risks involved with a procedure does not let the doctor or hospital off the hook if they fail to perform according to acceptable levels of care.
Also, there are situations where the consent is invalid, as for example, if you were not informed of the risks involved with the procedure, were misled about the surgical procedures to be done, or there was incompetence in the performance of the surgery and consequent injury.
I underwent surgery which I found out later was unnecessary. Can I take legal action?
Possibly, if there was no legitimate medical need for the operation, or if your consent was procured by fraud, or if the surgical operation departed from standard medical practice.
The choice of treatment often is a "judgment call" and competent physicians can reasonably disagree on choices of treatment. The doctor using his or her professional judgment choose surgery as the method of treatment, subject to your informed consent.
The critical question of liability, however, will focus on whether the operating surgeon was negligent and did not perform the operation in conformity with standard practice, not on whether other reputable professionals would have recommended other treatment.
Is misdiagnosis malpractice?
Not necessarily. Medicine is not an exact science; doctors are not required to be right every time they make a diagnosis. It is a fact that a misdiagnosis can be arrived at through standard tests, even when the tests are performed accurately or evaluated by a skilled doctor with the utmost care.
A misdiagnosis may be malpractice if the doctor fails to get a medical history, order the appropriate test for the illness, or recognize the symptoms of the illness. And yet, there is no basis for a malpractice claim if there is no injury, loss or damage as a result of the misdiagnosis and consequent treatment, on the theory that you are no worse off than you were before.
Can hospitals turn away patients?
Yes, but not when there is a need for emergency medical treatment.
With non-emergency treatment, it can depend on whether the hospital is a public or private one. Private hospitals are not required to provide non-emergency medical treatment to people who cannot pay.
Hospitals generally cannot stop treating a patient once he or she is admitted. Similarly, treatment cannot be discontinued by a hospital for nonpayment without sufficient notice to the patient. Treatment can be dropped, in some cases, if the patient is disruptive or defiant.
(Adapted from www.FreeAdvice.com)
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