Informed Consent in Medical Malpractice

Topics: Health care, Medicine, Health care provider Pages: 9 (3257 words) Published: January 14, 2011

Informed Consent in Medical Malpractice
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December 10, 2010

Medical malpractice
Standard of Care for medical practitioners
Informed Consent
Michigan Cases of Informed Consent in Medical Malpractice Law How to mitigate potential claims

Informed Consent in Medical Malpractice
Medical malpractice
Medical malpractice is negligence. It is said to have taken place the time a medical specialist acts in an inattentive way when administering treatment to a medical situation. Malpractice may occur either because of action undertaken by the health specialist or by failure to undertake a suitable medical action. Examples of aspects of medical malpractice include not diagnosing or simply misdiagnosing a health condition, inability to accord a suitable treatment for a health condition and implausible delay in administering treatment after diagnosing a health situation (Larson, 2010, p.1). A set of regulations that govern malpractice lawsuits differ from one state to another. Medical malpractice is not a different tort, but is instead the tort of negligence. In this vein, elements of medical malpractice are not different from those of negligence. These are violation, causation, duty, and damages. They are normally framed in health jargon, but are similar to the four mentioned elements that apply to negligence.

Standard of Care for medical practitioners
One of the vital aspects that come up in medical malpractice is that medical practitioners are regarded as individuals who should give very high levels of care than the normal layman. The standard of care reflects what is supposed to be undertaken with regard to the prevailing conditions. Health professionals are expected to render standards of care as would have done a reasonable health practitioner under similar conditions. Medical malpractice takes place when a health professional does not deliver duties to the degree that a plausible health professional would have rendered under the same conditions. If a qualified health specialist had taken the same method or treatment in question, under the same conditions, then medical malpractice would therefore not have taken place. Other specific aspects in medical malpractice entail errors in diagnosis, treatment matters, difficulties in communication, prescription errors, and falls. For instance, if a medical officer fails to diagnose the plaintiff’s case in a desired way, then the medical officer may be said to have violated the standard of care he or she was supposed to have accorded the plaintiff. The standard of care to be used by health professionals is dictated to some degree, by reference to instructions and rules, state practice procedures, facility laws and methods, equipment literature, job explanation, health information and legal cases. A health provider must possess a suitable license failure of which may be evident enough that the health provider was indeed negligent. An alternative of establishing a health provider’s standard of care is through the health expert’s testimony (Morissette, 2008, p.120). Informed Consent

Informed consent entails a medical practitioner revealing material facts to a patient who is supposed to not only grasp the material facts, but also make appropriate decisions based on the information received. Material facts refers to information that will enable the patient make a decision of whether or not to be administered treatment. The health provider is supposed to disclose all the dangers that the sick person may be interested in knowing. Such information is supposed to include aspects such as the anticipated pains of certain medication, the negative outcomes of treatment, other options to the treatment, the dangers of those other options, the dangers not undergoing the treatment, the duration that...
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