The Doctor I underwent a medical intervention without account of it, could claim for It?

Any patient (or their parents or the persons with their care in the case of minors) are entitled to receive a detailed and adequate information about treatments, interventions or medical procedures that could be put in clinics, hospitals , clinics, doctors' or other similar establishments.

Correspondingly, any medical practitioner is required to provide their patients with a detailed assessment of all appropriate treatments for their ailments, mentioning, among other things:

- By nature, pointing out exactly what they are and how they will perform.

- Of the risks that might entail, saying if the odds of death or suffering any kind of sequel to them.

- Of the possible alternatives to them.

This would aim that the patient could be fully aware of all their options when dealing with those, so that it could accept or refuse to submit to them with full knowledge on the impact of their decision.

This is known in medical and legal terms "Informed Consent?, Which should mediate in any case always when the patient indicate any kind of treatment.

What might happen if a patient submitted to an intervention or treatment without their "informed consent?

There are certain emergency situations where it is not possible to consult the patient or their family members about their opinion about a particular treatment or intervention.

It is understood that in such cases, priority should be the life or health and physical integrity of the patient, the same prevail on their freedom of action. In short, medical practitioners would possess the ability to take any actions deemed appropriate to try to ensure the health of the patient, even without their consent in connection therewith.

A clear example of this type of situation occurs in serious traffic accidents. Too often, victims of the same is rendered unconscious and in grave danger, becoming indispensable in many cases an emergency operation to save his life.

However, in other situations where there is no emergency that component is understood that all people come of age, we are free to accept or reject any form of medical care.

And is considered, as already seen, that to give such consent must be available all data and all the options.

Any loss or damage that a particular treatment used may cause the patient when he did not consent to it, or if he agreed that he had not shown their full potential, would entail the possibility of filing a claim for negligence Medical.

It would be a very serious action, in which the physician or medical center where it can be done would all lose. Judges usually are certainly reluctant to acknowledge the existence of such medical interventions. But in this case the magnitude of the same consideration as determined Neglect.



Jose Alberto Espina Andría

www.a-indemnizaciones.com