Cleveland Medical Malpractice Attorneys Ensure Patients Give Consent Before Procedures are Performed
Doctors commit medical battery when they fail to get prior consent for procedures
Lack of consent is very different from lack of “informed consent.” Lack of consent is a form of “battery.” Battery is an unlawful physical contact or touching. Medical battery is when a healthcare provider does something to you intentionally and without your consent (or the consent of your representative if you cannot give consent). There are emergency situations where consent is implied. But outside of such emergencies, no one should touch you at a hospital without your consent. The injury attorneys at The Eisen Law Firm in Cleveland are not afraid to take legal action against doctors that perform procedures on patients without their express consent. You have the right to make informed decisions about your body.
When does lack of consent constitute malpractice in Ohio?
An example of lack of consent would be when a patient agrees to have one ovary removed and the surgeon – without an emergent justification – intentionally removes both ovaries. This is a battery, even if it turns out to be helpful to the patient. Another example is when a hospital gives a blood transfusion to a patient who for religious reasons specifically told the hospital he did not want a transfusion.
Medical battery can be the basis for both compensatory and punitive damages. Compensatory damages are designed to make up for any injury suffered by the patient. Punitive damages are designed to punish the person who committed the battery. Medical battery claims are rarely successful as stand-alone lawsuits but in appropriate situations can be part of a more comprehensive medical negligence case.
At The Eisen Law Firm, we successfully pursue cases involving unlawful touching or medical battery. We are happy to review your situation and determine whether you have a case for medical battery.
Contact a Cleveland medical malpractice attorney today if a doctor performed a procedure on you or a loved one without consent
It is every patient’s right to voluntarily consent or refuse to consent to any procedure performed upon them. The attorneys at The Eisen Law Firm represent patients in Cleveland that have had their rights violated by doctors that fail to get consent first. Call us today at 216-687-0900 or contact us online to schedule a free consultation with one of our highly-skilled injury attorneys. We represent clients throughout Northeast Ohio, including Cleveland, Lorain, Columbus, Toledo, and Akron.