A Lack of Informed Consent and Medical Care

Many people have heard of the term medical malpractice before, but many are confused as to what the term means. Medical malpractice refers to a legal cause of action when a medical professional injures a patient by deviating from medical standards and guidelines. In these cases, the patient is entitled to financial compensation based on the severity of their injuries and suffering. 

One type of medical malpractice is a lack of informed consent on the part of the patient, but the doctor proceeds to operate or perform a medical procedure. Former Supreme Court Justice Cardozo summed up the idea of informed consent in a ruling in 1914:

“Every human being of adult years and sound mind has a right to determine what shall be done with his own body, and a surgeon who performs an operation without his patient’s consent commits an assault for which he is liable in damages.”

When this tenet is violated, medical malpractice has occurred. If you or a loved one believes they have been operated upon without informed consent, keep reading. You’ll learn more about what informed consent is, and how to take your case to an attorney.

What is Informed Consent? 

If the above quote didn’t work for you, maybe it will help if I break it down in less legal terms. Patients are entitled to receive information from their doctor about their recommendation of care so they can make a decision on how they wish to proceed. Additionally, a patient has the right to accept or reject a doctor’s recommendation of care. 

When informing the patient about their options, a doctor or other medical professional should provide the following information:

  • The diagnosis (when all information is available to make one)
  • Recommended courses of treatments and their purpose
  • The benefits and the risks of all available options

This information is provided so you are able to make an informed decision about what path of care you would like to pursue. 

What do Do

If you have had an operation or another form of treatment performed on you without your informed consent, you have options. The first thing on your to-do list should be to reach out to an attorney as soon as possible. 

First, your attorney will let you know if the situation you experienced violated the tenet of informed consent. After that determination is made, your attorney can handle the rest of the process to ensure that you get the compensation you need for your injuries. Medical malpractice cases are difficult in that they merge the medical field with the legal field, and because of this, an experienced attorney is needed. Don’t attempt to represent yourself — your health and financial security are on the line!

Life’s Greatest Miracle

One of life’s greatest miracles is the gift of life. Raising a family with love and care is the most selfless act anyone can choose to do. For a lot of people, this means conceiving a child, giving birth, and then making sure that the baby feels safe and loved all its life. Not all families start this way, though, and it’s important to make sure every family has a chance to grow together.

Sometimes an aunt or an uncle take in their nieces and nephews. Sometimes grandparents raise their grandchildren. Stepparents can take on a greater role than they originally thought possible. No matter how it happens, a family is a family. There’s no wrong way to be a family, as long as everyone feels loved and cared for.

Adoption is one of the more common ways to start a family if the couple is unable to conceive. With the growing number of couples choosing to adopt, international adoption is starting to gain traction. Adopting a child from a foreign country can be a long, arduous process. The couple has to navigate laws from two different countries on their journey to parenthood.

This can be incredibly frustrating and complicated. Most people don’t have the knowledge and resources to go through this process on their own. As an added challenge, there may be a language barrier or culture barrier that makes the process even more difficult. These difficulties can definitely be overcome, but it doesn’t hurt to have a little outside help.

When this happens, it’s always a good idea to seek help from experts in the area. BB Law Group, PLLC can help conquer these issues and nurture a budding family. They know the steps that must be taken before the child is ready to come home.

In addition to this firm helping to fill out and file the proper documentation, they also help with obtaining a visa for the child to come home to the United States. They can also help the child receive US citizenship once they are here.

Before any of this, though, the couple has to know where they want to adopt their child from. For instance, a single parent might have trouble adopting from countries that forbid single-parent adoption. In this case, they would need to contact a law firm specializing in foreign adoption to help find a country that allows single parents to adopt.

Additionally, certain agreements like the Hague Convention only allow adoption if it is in the best interests of the child. Roughly one hundred countries are a part of the Hague Convention, although adopting outside of the convention is certainly possible.

After all of this, once the child is safe and sound with their new family, they will likely undergo the process of readoption to finalize things. Here, the child is adopted again in a US court, so that both countries have proper documentation. A good lawyer can make sure this process goes smoothly so that the family can begin their lives together!

Avoid the Costs and Strain of Divorce by Compromising Now and Keeping It Simple

Texas has a great divorce option called the simple divorce. What it means is that you don’t have to contest anything. You agree to everything beforehand, and you just go through the legal process. It’s faster, it’s more affordable, and it gets you where both parties want to go.

Sounds ideal, right? It is, but it comes with a few complicating factors. The biggest is that you have to be able to compromise about everything with your spouse before getting into the divorce.

That may sound possible in theory, but then, you may well find that there’s a lot you don’t agree on even if things are ending amicably. Who gets the house? Who gets the nicer, newer car? Is one spouse getting repaid for all that money they put into the other spouse’s education? Then there’s that really big question: who gets custody of the kids?

Trying to answer these questions has led to more than a few amicable divorces becoming far less amicable very quickly. Facing the full reality of a divorce can lead to a resurgence of negative emotions and an increased difficulty in finding compromises.

So, the first step is to get past these major questions. In fact, some of these questions make it impossible to get a simplified divorce in the first place. For instance, married couples with minor children aren’t eligible for a simplified divorce. Instead, they have to go through the uncontested divorce process, which is still faster and more affordable than a contested divorce. Simplified divorces are also only possible if no parties are going through bankruptcy and neither party wants alimony. So, if that spouse wants repayment for college costs, settle that before you start the divorce process, or else, resign yourself to a longer divorce.

Deal with these situations as early as possible and in the best possible spirit of compromise and amicability as possible. Once you’ve made it past those tough questions and found out if you qualify for a simple divorce, you’ll then have another complicating factor: getting the divorce process right.

According to the BB Law Group PLLC, this can be tricky even in the best of circumstances. Texas law for a simplified divorce is, obviously, simpler than more contested divorces, but you may still need assistance when it comes to filling out and filing all the necessary forms and completing other requirements. BB Law recommends getting a simplified divorce lawyer to help guide you through the process so you don’t have to extend the process any larger than necessary.

If you can get the compromises in place and the guidance to handle the process in the best way, you should be able to move on from your marriage in the best possible way. A simple divorce lets you get through the process quickly, which can hopefully help reduce the emotional and financial difficulties that can come from a divorce.

If you qualify, and if you can get it right, a simple divorce is the best way to get out of your marriage in Texas.

How to Avoid Abuse in Nursing Homes

One of the most common factors that negatively impact decisions whether a person should go to a nursing home or not is the possibility of abuse. Nobody wants to experience that, especially in the later part of his life where he is particularly vulnerable to it because of two reasons – he will not be able to defend himself or report his situation to the authorities due to physical and mental limitations.

Also, according to the website of Karlin, Fleisher & Falkenberg, LLC, those who have experienced abuse in nursing homes may pursue compensation. So, it is not just an ethical and moral issue, but also a legal one. But how can you avoid nursing home abuse anyway?

Checking the nursing home’s competence

Prevention is better than cure, and this also applies to nursing home abuse. Before you put your loved one inside a nursing home, you should check the nursing home’s overall competence. Incompetent nursing homes may incidentally or accidentally inflict abuse. You should give particular attention to the following factors:

  • Availability of facilities, because the lack of facilities can result into negligence, such as cases of dehydration, hygiene issues, and malnutrition
  • Cleanliness of facilities, because ill-maintained premises may have negative effects, especially to older individuals who have weaker immune systems
  • Ratio of nursing home staff and patients, because the lack of staff or the abundance of patients can lead to staff impatience and incompetence, leading to abuse and neglect

Looking for signs of abuse

But if you have already put your loved one in a nursing home, do not worry, because you can still look for the signs of abuse, to give you hints whether your loved one is being treated right or not. Abuse can come in many forms, such as physical, emotional, and even sexual. Below are some of the most common signs:

  • Sudden change of behavior, especially in the presence of a particular nursing home staff or fellow resident
  • Unexplained complications in the genital or anal area
  • Unexplained wounds, especially on body parts that are often restrained, like the wrists, ankles, and maybe even the neck and chest
  • Worsening of existing medical conditions

Creating a long-term care plan

Elder planning is important, because growing old is inevitable. According to the website of Peck Ritchey, LLC, a long-term care plan has a lot of benefits, especially if you get them while you are still quite capable. Below are some of the most important benefits:

  • Finding peace after knowing that you will be taken care of, when the time comes
  • Finding a nursing home that is adequate for your needs

In short, having a care plan even before you need it significantly helps in preventing nursing home abuse.

All About Medical Malpractice

The medical industry is so complicated that, typically, you need a professional license to prove your competence. But there are instances where even the most competent medical professional becomes negligent or reckless, resulting into the harm of their patients, either through injury or medical complication.

Medical malpractice is a serious issue. Those who have been victims of medical malpractice may take legal action against the responsible parties, such as getting compensation from the damages they have sustained. The attorneys of the Erez Law firm understand the importance of taking legal action when one party’s negligence negatively affects innocent parties.

But how can it be determined that an instance is a medical malpractice case? There are variables that can be considered:

  • There is a direct professional-patient relationship
  • The professional has the duty of care for the patient
  • The professional has acted or failed to act in a way that violates the duty of care
  • The violation has harmed the patient in any form

Unnecessarily harming the patient has a variety of consequences. The patient suffers not just from unwarranted injuries and complications, but also from unwarranted medical costs to fix the problems, such as corrective surgeries and prolonged hospital confinements.

Of course, these costs do not come free, and on the worst instances, may even reach thousands upon thousands of dollars. The financial burdens do not end there. Being a victim of medical malpractice may also mean that the patient is going to lose time at work, and therefore cannot earn a living. On worst instances, the medical malpractice may even disable the victim, making him lose his ability to earn a living temporarily or permanently.

The website of Crowe & Mulvey, LLP has enumerated various areas where medical malpractice can arise as an issue. But some areas are more common than others. Below are some of the most common medical malpractice claims:

  • Anesthesia errors, such as giving too much or too little anesthesia
  • Birth injuries sustained either during the pregnancy or delivery
  • Emergency room errors, like failing to give adequate treatment immediately
  • Hospital negligence, such as treatment delays and lack of attention to patients
  • Medication errors, like giving the wrong drug or wrong dosage
  • Misdiagnosis, such as diagnosing a healthy patient as ill or vice versa
  • Surgical errors, like accidentally puncturing organs or operating on the wrong body part