MEDICAL FAILURE – with jon stewart 60 minutes
Recently, another term has appeared in the jurisprudence and literature that has an impact on the issues of legal liability of doctors-medical failure. Treatment failure is an unexpected medical outcome that has occurred despite a correct diagnosis, appropriate treatment and careful medical care 100,000/365.
As you know, medicine is not always able to ensure the achievement of a certain result. Often, even with current medical knowledge and due diligence, the risk of injury cannot be eliminated. The design of medical failure presupposes that the patient, correctly informed of the existing risk jon stewart 60 minutes, consenting to the procedure, takes it upon himself. This appropriation is conditional and non-exhaustive, as it covers only the usual complications and does not apply to complications resulting from the error, inattention or awkwardness of the doctor or his lack of competence.
The conditions laid down in articles 9, 16 and 17 of the act on the rights of the patient and 100,000/365 Article 31 of the act on the profession of doctor must be fulfilled in order to be able to rely on medical failure, especially in the field of aesthetic medicine. In accordance with the above provisions, in the case of surgery or the use of a method of treatment or diagnosis that poses an increased risk to the patient, consent is expressed in writing.
Before giving consent, the patient has the right to obtain from the doctor accessible information about the state of health 100000/365, diagnosis, proposed and possible diagnostic and therapeutic methods jon stewart 60 minutes, foreseeable consequences of their use or omission, the results of treatment and negotiations. In turn, according to the law on the profession of a doctor-a doctor is obliged to provide the patient or his legal representative with accessible information about his state of health, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their use or failure, the results of treatment and 100000/365 negotiation.
Therefore, the correct information for the patient, including all these elements, in combination with the patient’s consent, determines the medical intervention and protects the doctor from being held responsible for the risk of medical failure.
Only a patient who is aware and informed will falconer dvm reviews, not influenced by error, can express his will by giving consent to medical intervention. In particular hospital infection rates consumer reports, in the field of aesthetic medicine, where intervention is often not necessary, the role of proper awareness of the patient about the possible consequences of the procedure and complications is very important. Faulty, unconscious consent always causes illegality of the doctor’s actions, exposing him to liability.
dr garrick stewart, hospital infection rates consumer reports and will falconer dvm reviews
The information obligation concerns the type and purpose of the procedure, as well as its consequences, both desirable and undesirable, including side effects. The information should include foreseeable possible consequences of the procedure, in particular if they involve significant and significant harm to health, even if they occur rarely or very rarely but cannot be excluded dr garrick stewart and dr will falconer dvm. The degree of probability of their occurrence should also be indicated.
The case-law states that the extent of the information given to the patient must depend on the type of treatment, in particular on whether it is based on absolute or relative indications or, for example will falconer dvm reviews, a cosmetic procedure. While, in the case of a life-saving procedure, the obligation to provide the patient with information does not require an indication of all the possible consequences of the procedure and may be limited to an indication of the possible adverse effects and complications that are the usual typical consequences of the procedure, in the case of cosmetic procedures the scope of this obligation must be wider.
dr will falconer dvm
Here Comes the so-called dr garrick stewart. the extension of the information obligation, which is manifested in the need to inform the person concerned about all, including those unlikely and extremely rare consequences of a particular procedure, taking into account the full range of possibilities, in accordance with medical knowledge and practice . It should also be noted that the contract for the cosmetic procedure is a contract of careful action, not the result, therefore the doctor will not be responsible for the failure to achieve the intended effect if he has taken all necessary measures to achieve it .
In the context of the above remarks dr will falconer dvm, incorrect information of the patient, preceding the motivational process aimed at obtaining his consent to the surgical procedure, constitutes an information error that eliminates the possibility of demonstrating medical failure.