Legal Question in Medical Malpractice in California

Re: Can a Dr. perform an intrusive procedure in an ER w/o informed consent?

first of all, my Law Firm would like to offer you our deepest sympathies in what you have been put thru on account of this surgerical procedure. we cannot even imagine what you must going thru based on your description of your seemingly needless injury. from a legal standpoint, the cause of action you would most likely be seeking would be medical malpractice predicated on negligence. in order to prove your case, you would have to show that the attending surgeon who treated your finger conduct fell well below the standard of due care other such surgeons would have acted under the same or similar circumstances. this would show that the surgeon "breached" his duty to you as a patient in such a negligent manner that his conduct actually and proximately caused permanent damage and or disfigurement to your finger in which you are entitled relief in or out of court. thru expert witness testimony, based on your facts thus far, you may very well be able to show such a breach of duty by this surgeon. if this is the case, then you would be entitled to economical damages to compensate you for your "lost earnings" if you are unable to continue you current line of work effectively, as well as non-economic damages for your pain and suffering caused by this negligence. in other words, you could stand to recover a great deal of monetary compensation if a breach of duty can be shown more or less thru expert witness testimony. if you would like further assistance and/or legal representation on this matter, email my law office directly today with more detailed information on your case and extended injuries. warmest regards.

Re: Can a Dr. perform an intrusive procedure in an ER w/o informed consent?

Unfortunately, no attorney will be able to provide you with an answer to your question as to whether or not any medical negligence occured in your care and treatment. That is a question that can only be answered by other doctors, not by attorneys. Further, the question of informed consent, in a situation as complex as yours, is also a question that will require the expert opinion of a physician.

More importantly, at this juncture, you should not be concentrating on possible "damages" owed you. Instead, you should immediately seek a highly qualified hand surgeon to look at your hand to determine if anything else can or need be done to try to rectify the situation. Also, that treating physician may also be able to inform you as to whether or not the care and treatment you received was proper. Find a qualified doctor in your area, make an appointment, get copies of your records and x-rays before the appointment and take them with you.

After that review, and dependent upon the outcome, you can then seek an attorney experienced in the area of medical malpractice to determine whether or not you may have an action.

Re: Can a Dr. perform an intrusive procedure in an ER w/o informed consent?

From what you are saying, it sounds like you do have a case for medical malpractice. However, more initial investigation would have to be done to better evaluate your claim and the doctor's negligence, if any.

However, lack of informed consent is often used as the basis for malpractice actions. If you want to pursue your case, you should obtain legal representation as soon as possible to know your legal rights and responsibilities in pursuing your action.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to contact us at www.unalaw.com