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If surgical consent is not obtained for a non-life threatening injury & performed anyway is that Malpractice? |
I was admitted and signed for Pain Management and ER Protocols. The ER staff immediately put me on Morphine (high Dose) and never discussed surgery while I was coherent and capable of making an informed Medical decision. As a matter of fact I don't remember anything for a 17 day time span and there is no signed surgical consent on record. I am single and have no one else that would be allowed to make medical decisions for me. The injury itself is rare in nature and requires procedures and equipment that are not available to my local Hospital in rural West TN. From information obtained on the internet I suffered a level II trauma with brain involvement that was not revealed as the Drs. never looked for any other damage. The Neurologic injury has just been confirmed. Since the surgery was performed without my consent written or verbal does that constitute Malpractice? And who would be liable the Hospital or Private Practice Physician? I requested to be transferred to a trauma unit Sounds like a tricky situation. A lawyer can better sort this type of thing out. There is a thing call "implied consent" used in an emergency situation when there is no one to decide what is best for you. Here is a definition of implied consent: Did you suffer additional injuries due to what the doctors' did? |
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