When a patient suffers from an injury due to surgery, many questions arise. Military clinicians and medical professionals are responsible for making important health decisions, and equally responsible to receiving proper consent. Every patient has rights, and they may need to file a legal claim.
Medical malpractice is usually unintentional
Essentially, medical malpractice is medical negligence. Examples include a physician making a mistake or acting unreasonably. This type of negligence takes many forms, such as:
- Medication errors
- Delayed diagnosis
- Surgical mistakes
A patient needs to prove certain elements for medical malpractice, which includes touching, intent and the act itself. The patient must also suffer damages caused by the injury. Overall, a medical professional breaches standard of care.
Medical battery is intentional
Medical battery is intentional by nature. In most states, including Texas, medical professionals must advise patients about the risks of a medical procedure. Additionally, the patient should know who is performing the surgery.
Medical battery happens when a procedure or surgery is performed without securing consent from a patient. In the event the procedure harms a patient, he/she has a right to receive compensation.
While rare, some situations make it impossible for a medical professional to receive consent. For example, the person is unconscious and the doctor is operating to save the person’s life.
Both circumstances are unacceptable
Intentionally or unintentionally, medical mistakes and forced medical care are harmful and intrusive. An individual suffering from either of these situations has a right to seek compensation.