varkam
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Thu May-11-06 10:31 PM
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Question about medical ethics / legality |
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Perhaps someone more well versed in this can help me.
If a doctor (in this case, an ENT surgeon) gives a patient misleading information regarding the efficacy of a certain treatment over other forms of treatment as well as the safety of the treatment, and the patient subsequently takes the treatment, nearly dies as a result, and the condition is not improved - what is the legal recourse of the patient?
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Orrex
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Thu May-11-06 10:42 PM
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1. Is the ENT affiliated with a hospital? Or is it an independent practice? |
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That could affect the range of options, I think.
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varkam
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Thu May-11-06 10:56 PM
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But it is a practice that houses several other physicians, not just the one in question.
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unblock
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Thu May-11-06 10:58 PM
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3. sounds like the makings of a malpractice suit |
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i'd talk to a lawyer who specializes in such things.
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Sgent
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Sat May-13-06 12:26 AM
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privlidges (regardless of whether the practice is the hospital or not), reporting him to the hospital physician staff office could result in a QA review by the ENT department.
A negative finding could have significant reprecussions on his career, ability to accept insurance, get malpractice insurance, etc. Even a neutral finding could at least get him "talked to" by his peers.
A report to the medical board could have larger reprecussions -- but there will have to be clear evidence of negligence beyond just your statements.
Finally, a malpractice attorney could possibly help -- but the chances are low.
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Warpy
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Sat May-13-06 10:03 PM
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5. Two things need to be proven for a malpractice case |
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First, the patient has to prove he was harmed. "Not getting any better" is not considered harm in this case, unfortunately. However, persisting with an ineffective treatment that caused the patient actual physical damage might be.
Second, the physician has to be either acting outside his scope of practice or negligent in providing the standard of care for that particular ailment.
"Nearly dies as a result" is going to be a hard one to prove in a court of law. A good malpractice attorney can help you evaluate the merits of the case. Listen to him and take the advice.
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DU
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Tue Apr 30th 2024, 06:11 PM
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