As a patient, you trust your physician implicitly. You assume that his or her medical expertise will guide the doctor to the right decision for your care, and that your best interests are at the forefront of his or her decisions. Also, you assume that when your physician tells you something, he or she is telling the truth.
While there are medical malpractice lawsuits that are filed against physicians for mistakes, there are also claims that may be filed against a physician when he or she lies to a patient.
Informed Consent Issues
When it comes to a medical treatment, a physician is required to obtain a patient’s informed consent. This means that the patient consents to the treatment and fully understands all information about such treatment.
Information that must be conveyed to the patient includes:
- The diagnosis;
- The process and reason why the physician is using the treatment;
- Any alternative treatments available;
- The benefits and risks of each treatment; and
- The benefit and risk of declining treatment.
Informed consent is based on a physician being professional, honest, and upfront with a patient. The physician is expected to go over the procedure thoroughly with his or her patient, and not hide or sugarcoat any information. Also, he or she should be honest with the patient about risks, as well as prognosis. If a patient does not receive accurate, honest information, he or she cannot consent to medical treatment reasonably.
The Standard of Care and Malpractice Claims
A medical malpractice claim is not just for errors or negligence. If you have a relationship with a physician, he or she has a duty of care that is owed to you as a patient. That duty includes being honest, offering a degree of skill, and performing his or her due diligence.
When you have a diagnosis, your physician must: (i) Be forthcoming about it, (ii) be truthful about your treatment options as well as the prognosis, and (iii) ensure that you have given informed consent.
Under this requirement, if a physician is dishonest, it could be the basis for your medical malpractice claim. Failure to obtain your informed consent before starting a medical procedure is considered malpractice. Depending on the severity of the violation, your case may qualify for battery, too.
Speak with a Medical Malpractice Attorney First
If you feel that your physician has been dishonest or outright lied to you, you must contact a medical malpractice attorney immediately. You will need to discuss the facts of your case with an attorney to determine if you have a viable claim. Your attorney will review your medical records, including any consent forms that you did or did not complete.
For assistance with your medical malpractice case, contact Carey, Danis & Lowe Attorneys at Law. Our attorneys are here to help you recover compensation for your injuries and seek justice against the physician responsible.
Schedule a free consultation now at 877-678-3400 or complete our online contact form.