Medical Negligence Lawyers - Malpractice Lawyer in Northampton UK

Medical Negligence Lawyers, Medical Solicitors, "No Win, No Fee" Medical Negligence Claims, Hospital and GP Claims 

 
Each medical negligence claim has a time limit - the majority of claims have a limitation of three years from the date of the accident, illness or acknowledgment.

There are four major types of anaesthetic injury claims that  Medical Negligence Lawyers deal with more than any others.

They are:

1. Strokes caused by a lack of oxygen during the procedure,
2. Brain damage because the airwaves are not kept open through surgery,
3. Anaesthetic awareness where the patient is not given the right amount of anaesthetic leading to them being aware of the procedure being performed, sometimes feeling the pain of the surgery,
4. Nerve damage caused by poor use of epidurals.

If you or a family member has suffered from an anaesthetic injury during a surgical procedure you should get in touch with Medical Negligence Lawyers as soon as you can who are highly experienced in anaesthetic negligence compensation claims.

Seeking a specialist lawyer who deals exclusively with medical malpractice is the best route to receiving the highest compensation that you deserve.

Address: 37 York Road, Northampton, Northamptonshire,  UK

Phone: +44 800 048 8777

Website: www.medical-negligence-lawyers.co.uk

 

Cian O'Carroll Solicitors - A Medical Negligence & Personal Injury Law Firm

Cian O'Carroll Solicitors, A Medical Negligence & Personal Injury Law Firm: Serving clients nationwide from  offices in Cashel, Co. Tipperary.

An experienced law firm specialising exclusively in medical negligence and personal injury cases.

Specialised in medical negligence law for the victims of medical accidents.

Expert Medical Negligence Legal Advice

 

Breast Cancer Misdiagnosis

Cian O'Carroll Solicitors is a leading provider of expert legal advice to patients who have suffered such harm, including loss of survival.

Maternal Birth Injuries

The largest single cause of injury through medical negligence is gynaecology and obstetric surgery - most often in the course of birth.

Cancer Misdiagnosis 

Cian O'Carroll Solicitors represents clients in a wide range of cancer related cases arising from both mis-diagnosis and delayed diagnosis. Every case is different and each requires  to understand the science behind each client's illness and the negligence that caused or contributed to it.

Road Traffic Accidents

With a wealth of experience in fatal injuries, serious head and spinal injuries and the broad range of personal injury knowledge.

Injury and Illness at Work

With serious injuries in the workplace still occurring at a rate of about 8,000 each year, what are an employer's duties to protect the worker?

Call Freephone 1-800 60-70-80

Address: Friar Street, Cashel, Tipperary

Phone: +353 1800 607 080

Website: www.TIPPLAW.com

Medical Negligence Team

Medical Negligence Team co-founder Dr Anthony Barton has over 20 years’ experience in medical negligence claims and is editor of book "Clinical Negligence" (5th edition).

Medical Negligence includes NHS, GP and Pharmacy mistakes. 

It can be life-changing, but the team of experts can help you make a no-win, no-fee claim and get you the compensation you are entitled to.

Visit Medical Negligence Team website for more information or call +44 800 246 1122 to start your claim.

Website: http://medicalnegligenceteam.com

Address: 

9 Breary Lane,

Leeds, UK

Phone: +44 800 246 1122

Medical Negligence Claims - Medi Claims

With an experienced team of solicitors, Medi Claims aims to provide help, information and compensation for anyone who has suffered due to medical negligence

When we visit the hospital or our GP, we trust that the medical professionals are qualified and skilled to keep us safe and work to achieve the best outcome. 
However, many people are faced with medical negligence.

Cosmetic Dentistry Claims

1) Have you recently undergone Cosmetic Dentistry? 
2) Has the treatment you received been performed poorly, negligently or inappropriately? 
3) Has this caused you any pain and/or suffering?

NCORRECT MEDICAL TREATMENT?

If you have recently had treatment, which you have later discovered from another medical professional that the treatment was incorrect and that you have suffered additional pain and suffering, then you may be able to claim for medical negligence.

To start rebuilding your life, call   0203 781 7781 or visit www.mediclaims.co.uk

How Much is your Medical Negligence Claim Worth? Find out now

Have you or a family member been misdiagnosed, given incorrect advice or treatment by a health professional?

 Take our a test and you could be entitled to £1000’s in compensation

 

 

 Website: http://claimfor.me/medicalnegligence - Medical Negligence Specialists

 

• Mild
  £3,000 - £10,000
 
• Moderate
  £11,000 - £99,000
 
• Severe
  £100,000+

 

Overview of the Legal System

In the current health care environment, an increasing number of patients who believe they have sustained physical or psychological harm (a "bodily injury") as a result of the hospital's or a health care provider's negligence bring claims or lawsuits to recover damages. A number of factors are felt to contribute to patients' decision to sue, such as the experiencing of an unexpected or less than perfect result, or a feeling that they have been treated in an uncaring, rude, unsympathetic and/or less than professional manner. Many believe the most important factor that causes a patient to resort to litigation is a breakdown in the patient-physician relationship. Although some patients have legitimate reasons to bring a claim or lawsuit, much of the increase in litigation is attributable to our living in a society which commonly uses litigation to address any perceived injustice.

Generally, hospitals and health care providers need to be concerned about two types of negligence claims, professional liability (commonly referred to as "medical malpractice") and general liability.
Professional liability, or medical malpractice claims, generally concern allegations of negligence regarding the rendering of professional services which result in bodily injury to the patient. Negligence, in the professional liability setting, is defined as a departure, either by the acts or omissions of a health care provider, from the accepted standards of care.
General liability, or general "negligence" claims, usually concern allegations of negligence regarding the maintenance of the hospital's or a health care provider's buildings and/or property resulting in bodily injury or property damage to a visitor, or less commonly, to a patient. Negligence, in the general liability setting, is defined as the failure to exercise a reasonable degree of care which the law requires to protect others from a foreseeable or unreasonable risk of harm. In a physician's office or the common areas of the hospital (rather than a specific patient room), a number of factors may give rise to a claim for general liability. Most often, general liability claims involve "slips and falls". However, a number of other occurrences can give rise to these types of claims.

Incident Reporting in Healthcare

The hospital's risk management program employs a number of systems to identify and provide notification of incidents or events that have occurred involving patients, visitors, staff, equipment, facilities or grounds which are likely to give rise to potential liability, affect the quality of patient care or affect safety in the hospital. The early identification of such occurrences allows the hospital to immediately investigate the circumstances of the incident, and if necessary, institute corrective action to prevent similar occurrences in the future. One of the systems used to identify and report patient and visitor related occurrences is the hospital's incident report system.
Health care providers and other hospital employees are required to report and complete a Report of Incident form (F-877) regarding any patient or visitor who, while within hospital jurisdiction and/or while on hospital premises, is involved in an occurrence which has caused or has the potential to cause injury or loss or damage to their personal property. This includes incidents where the possibility of injury existed although no injury was actually incurred and those incidents which are inconsistent with the routine care of a particular patient or routine operation of the hospital.
The following are some examples of reportable incidents:

• Error in the care of patients (e.g., errors in the administration of medications, treatments, mismatched transfusions, retained foreign bodies following surgery, etc.).
• Development of conditions seemingly unrelated to the disease for which the patient was admitted (e.g., pressure sores, pediculosis, diarrhea or impetigo in the Newborn Nursery, etc.).
• Adverse or suspected adverse reactions to a manipulative procedure, medication or transfusion.

All health care providers should be familiar with the complete hospital incident reporting procedures which can be found in the Yale New Haven Hospital Administrative Policy and Procedure Manual, I-3. The following is a brief discussion of the procedures involved in incident reporting.
For incidents involving patients, the person completing the Report of Incident form should be the individual who witnessed, first discovered, or is most familiar with the incident. Each section of the form must be completed according to the directions on the form. The report must then be immediately presented to the reporter's supervisor who must then investigate and recommend corrective action. The description of the incident should be a brief narrative which should consist of an objective description of the facts. It should not include the writer's judgment as to the cause of the event. Quotes should be used where applicable with unwitnessed incidents, e.g., "Patient states..." The name of any witnesses should be included on this report. The name of the employee directly involved in the incident can be recorded in the witness space as well, if the employee is not the reporter. The patient must be examined by an appropriate physician, who should complete the appropriate section on the form regarding his or her findings. The Report of Incident form should be completed no later than the end of the shift during which the incident occurred or was discovered to have occurred and must be forwarded to the Central Nursing Office within 24 hours and the Office of Legal Affairs within 48 hours.
All incidents involving visitors must be reported to the supervisor in the area where the incident occurred. A visitor who has sustained an injury while in the hospital should be escorted by a staff member to the Emergency Service for medical attention. If the injured person refuses medical attention, this must be noted on the Report of Incident form.
The Report of Incident form is an administrative document, not part of the medical record. The fact that an Report of Incident form has been completed should not be reflected in the medical record, nor should the report be placed in the medical record. In addition, no copies of the Report of Incident form may be made. An objective description of the incident should be recorded in the medical record by both the medical and nursing staff along with any follow-up observations, diagnostic studies and results, and/or related treatment.
Whenever a patient or visitor incident is of an unusual or serious nature, the Office of Legal Affairs must be called immediately.
If a medical device is involved (caused or contributed to death of, serious injury to, or serious illness of a patient):

• report the incident to Nurse Manager/designee;
• notify the Office of Legal Affairs
• fill out a device incident report form;
• record the manufacturer, model number, serial number, and control number of the equipment on the incident report;
• save the original packing if possible;
• when equipment is involved, impound the equipment, the disposable product used with the equipment, and the packaging materials from the disposable product;
• tag the equipment with a sign that states "EQUIPMENT BROKEN - DO NOT USE";
• notify Medical Engineering that you have a piece of equipment that has been involved in an incident and requires evaluation.

Recommendations for a Healthy Physician - Patient Relationship

Risk management begins the moment a professional relationship is established with a patient. The understanding by, compliance by and satisfaction of any patient ultimately depend on oral and written communication. The following general points will be helpful as you build each physician-patient relationship. The result should be a mutually rewarding experience for both the physician and patient.

1. Introduce yourself to every new patient and describe your relationship with other health care providers, such as students, nurses, physician assistants, residents, fellows, consultants, and the relevant attending, referring and primary care physicians.
2. Address your patients appropriately and modify your greeting as your relationship progresses. It is best to begin with formal titles; then, if both sides are comfortable with doing so, shift to something less formal. If possible, use a translator to help communicate with patients who speak a foreign language with which you are unfamiliar.
3. Sit down close to the bedside, if possible, and make frequent eye contact. Be attentive to the patient's non-verbal communication. Offer your own encouraging feedback through gestures and words.
4. Begin with open-ended questions to allow patients to talk of their symptoms, previous care, impressions of their prognosis, and the role of family members in decision making. Focus questioning to obtain specific information.
5. Ask for the patient's expectations of your care. Involve the patient and family (if the patient so desires) directly in the care as much as possible.
6. Limit the use of medical jargon. Relate information at an appropriate level of understanding for the patient. Use pictures and models to help explain complicated concepts.
7. Provide emotional support to grieving, anxious, frightened, or depressed patients. Reassure your patients that you will be helping them throughout the course of their medical problems and will be available to answer questions as they arise.
8. Be punctual for meetings with patients and families.
9. Avoid criticizing another physician's management of your patient with words or gestures. The other physician may have had different data and resources available at the time of initial decision making. Medical problems usually appear more clearly when viewed retrospectively. Malpractice cases have often been precipitated by criticism of this kind and you may find yourself an expert witness based on your comments.
10. Never guarantee the outcome of a treatment, orally or in writing. Prepare patients for any pain, discomfort, and disability that they can reasonably expect from diagnostic and therapeutic interventions. Make clear the necessity and effectiveness of intervention if disability is the expected result. Document these discussions.
11. arise.
12. Send a written summary of your findings and the medical plan to your patient's primary physician following a hospital stay or major office visit. When multiple clinicians are involved, clearly delineate roles among the parties and convey this to the patient in a manner that will facilitate coordination of patient care.
13. When it is necessary to discuss fees, be open and frank concerning the cost of care. Where appropriate, help educate patients concerning today's often confusing health care system. You might consider providing an estimate of the cost of an anticipated course of therapy or operation. However, be careful not to make representations of the prospective cost of hospitalization or other services not within your control.
14. Be aware of the state and federal laws regarding health care law for your patient population. Information on childhood vaccinations, prenatal nutrition programs, Medicare benefits, and other topics are vital for proper care of your patient.
15. Be sure your office staff and answering service treats the patient with courtesy and consideration.

Entries In The Medical Record

The contemporaneous documentation of the informed consent process serves as the foundation for the defense of any subsequent claim by a patient for lack of informed consent. The signature of the patient on a consent form alone is not legally determinative evidence that the patient has given informed consent. Poor or absent documentation will force a physician to testify from recollection about an event which occurred several years previously, which will undermine his or her credibility. In addition, poor or absent documentation may be a significant factor in a patient's attorney's decision to institute a legal action.

To reiterate, the physician who had the discussion with the patient must document the details of the discussion in the patient's medical record. The entry in the medical record regarding the informed consent process should describe the information disclosed to the patient. Avoid the use of summary statements such as "The patient was advised of the potential risks/complications of the operation and alternatives" and instead, note at least some of the actual risks, complications and alternatives discussed with the patient. For example, the entry could state that "information regarding the risks, complications and alternatives were discussed with the patient and/or family, including but not limited to ...", followed by the specific information discussed. Note whether the patient was given any booklets or written material regarding the procedure or treatment. It is also important to document any questions asked by the patient and the answers given.

The Physician - Patient Relationship

Physicians who carefully listen to patients and comfortably share medical information with them have discovered the cornerstone of the art of medicine. A healthy physician-patient relationship can make a difficult diagnosis more bearable for the patient. It can help a resistant patient understand the need for a procedure or medication, and allow the physician to develop a realistic plan for continuing care. When a physician's relationship with a patient is marked by mutual trust and open communication, he or she has taken a major step towards the assurance of patient satisfaction.

Evidence shows that a clear, two-way conversation is a key element in the prevention of patient dissatisfaction and malpractice claims. In fact, many episodes of patient dissatisfaction triggered by an iatrogenic injury or other "adverse outcome" can be defused by a reasonable explanation from the physician who has established a good basis for communication.

On the other hand, inadequate communication and misunderstanding are often the inciting agent that transform a poor medical outcome into a legal action against a physician, even when quality care was delivered. Most studies show that a significant percentage of malpractice lawsuits are ultimately resolved without any payment to the patient. Many risk managers believe that a large number of these malpractice cases could be avoided if physicians listened more attentively to patients who experienced less than optimal or unexpected treatment outcomes. Techniques for increasing patient satisfaction through improved communication are now widely recommended for malpractice claims prevention.

Patient Rights' - Informed Consent

Many physicians feel that informed consent is merely a formality necessary to obtain the patient's signature on a form in order to allow a specific procedure or treatment to be performed on the patient. Rather, informed consent should be thought of as a communication process through which a patient, with the advice and support of his or her physician, makes decisions concerning the treatment he or she will receive. The process assists in developing the critical element of trust between the physician and patient, and is often the most important discussion a physician will have with his or her patient.

Patients may bring a claim or lawsuit against the hospital and/or a physician predicated solely on the allegation that they did not give their consent; this is called a battery. A second more common claim is that the consent given was not based upon proper and adequate information; this is known as a claim for "lack of informed consent." This type of claim is usually found as part of the typical malpractice or negligence action. Because of this type of potential claim, from a risk management perspective, the informed consent process plays a crucial role in minimizing the exposure of both the hospital and physicians to medical malpractice claims and lawsuits.

Patients' Rights - Confidentiality

Patients have the right to expect that all communications and records pertaining to their care will be treated as confidential, and that their rights to privacy will be protected. Therefore, all health care providers must treat patient related information in a confidential manner, and guard against the indiscriminant and/or unauthorized release of such information. Although such an act may occur unintentionally, the hospital, physicians and other health care providers may be found liable for the unauthorized or improper disclosure of medical information.

Discussion of patient related information should be conducted only in locations where confidentiality can be maintained. Health care providers should refrain from such discussions in elevators, hallways, dining areas and other public areas. Health care providers should use discretion when discussing medical information concerning a patient in front of visitors or family members, and should first determine whether the patient wishes to have this information discussed in the presence of such persons. In addition, the patient's permission should be obtained prior to leaving a message containing confidential medical information on a telephone answering machine, or with family and/or household members. Health care providers should not disclose patient related information when asked by unidentified or unknown persons, or in response to telephone inquiries, other than providing hospital approved condition reports, e.g., critical, stable, etc. In such situations, the requesting party should be referred to the patient's attending physician for further information.

Patients' medical records should be guarded at all times in areas where entries to the record are made to prevent unauthorized access. Medical records should be stored and protected according to hospital policy, preventing passers-by from viewing the record. Access to patient information via electronic systems should also be protected according to hospital policy, with access code and password security maintained.

In order to maintain the peer review privilege and patient confidentiality, staff meetings to discuss patients and M & M reviews should be conducted in appropriate locations. Materials distributed should be collected and not left for members of the general public to find.

Patient's Rights

The hospital is committed to ensuring that the individual rights of all patients are respected during their hospital stay. Most importantly, all patients have the right to expect to be treated with dignity and respect. It is important for all health care providers to be familiar with patients' rights under state law and hospital policy and observe them at all times. Patients afforded these basic considerations are usually more satisfied with their hospital experience, and from a risk management perspective, it makes them less likely to make a complaint, which could ultimately result in a claim or lawsuit.

The hospital is obligated to provide appropriate assistance, including the use of an interpreter, to ensure that patients understand their rights. All individuals are entitled to receive emergency care and/or treatment without discrimination due to race, color, religion, sex, national origin, disability, sexual orientation, or source of payment. Patients are entitled to be informed of the identity and role of all physicians and support staff involved in their care, and have the right to refuse treatment or examination by them. Patients have the right to privacy while in the hospital and to expect all information and records regarding their care will be kept confidential.
Patients must be given all the information they need to give informed consent regarding treatment and refusal of treatment. Under most circumstances patients are entitled to review, and should they so desire, obtain a copy of their medical records (after discharge if the record is a hospital record). A patient may refuse to take part in research and should be able, without fear of reprisals, to complain about the care and services they have received.
Patients, or appropriate family members, should be informed about unexpected and/or negative outcomes promptly. This should include the nature and cause of the event, if known, as well as the manner in which the event will affect the patient's prognosis and treatment plan. Failing to disclose, or disclosing only partial information regarding such occurrences, is perhaps the most common cause of patient dissatisfaction. Often, this dissatisfaction results in malpractice claims and lawsuits. Regardless of how difficult it may be for patients, it is legally unwise to speculate on the cause of an untoward event.
Patients should also be made aware that in order for the health care team to render good care, patients have certain responsibilities. The most important of these is to provide, to the best of their knowledge, accurate and complete information about their present complaints, past illnesses, hospitalizations, medications and other matters relating to their health. Patients are responsible both for following the treatment plan recommended by the members of the health care team, and for the consequences should they refuse treatment or not follow recommended instructions.
While trying to treat all patients with dignity and respect, occasionally, the use of physical restraints must be employed to protect and avoid harm to the patient or those surrounding the patient. In almost all circumstances, prior to the use of restraints, the written order of a physician who has examined the patient must be obtained. In emergency situations, a registered nurse may order restraints but the physician must be contacted immediately. It is imperative that the patient's medical record be documented regarding the need for, use of, and termination of restraints. Hospital policies are in compliance with the JCAHO policies on restraints and will generally provide a sound procedural approach.
Competent adult patients have the right to refuse treatment. Since this refusal may be subsequently disputed or denied by the patient, it is important that all health care providers document these occurrences in the patient's medical record. When a patient refuses treatment, it is important that his or her physician disclose the risks and consequences associated with the decision. The treatment being proposed and refused by the patient should be documented in the medical record, as well as the fact that the potential adverse consequences have been discussed with the patient (and when appropriate, family members).
Similarly, adult patients may not be detained in the hospital should they wish to leave against medical advice, except under extreme circumstances prescribed by law. Again, the patient's medical record should be documented regarding his or her voluntary decision to be prematurely discharged, noting the potential adverse consequences that have been discussed and that the patient understands them. The record should also note that further care has been recommended, as well as where and when the patient intends to obtain this care. In addition, most hospitals require that the patient be asked to sign a form indicating he or she is being discharged against medical advice. The patient's refusal to sign this form, which often occurs, should be documented in the record.

Tort - Frequently asked questions

FAQ

 


Q. What does "tort" mean?
A. Tort (French for "wrong") refers to a class of civil wrongs to private person(s) or property for which one sues in civil court for money damages. This is in contrast to "crimes" which are wrongs against the public or society and are tried in criminal court.

 
Q. Can a tort also be a crime, and vice versa?
A. Yes. In fact, while it has been common for victims to bring charges in civil court to try and recover damages after a guilty verdict in criminal court, victims are increasingly bringing civil suits independent of the verdict in criminal court. Malpractice cases involving "gross negligence" are more likely to also result in criminal charges against the physician.

 
Q. How is "gross negligence" different from "negligence"?
A. While negligence (or "ordinary negligence") commonly refers to the omission or commission of an act that a reasonably prudent person would or would not do under similar circumstances, gross negligence usually indicates intentional failure to perform as would a prudent person. Gross negligence is therefore usually an intentional tort (types of torts are more fully explored in the next section).

 
Q. When a case is tried in both civil and criminal court, doesn't that represent "double jeopardy"?
A. No. The court system and the paradigms of law considered in each are different. For example, the agency bringing the charges (a person or group in a civil case, the state/government in a criminal case) and the potential penalty (loss of life or liberty in criminal court, some financial penalty in civil court) are very different.

Torts - considered in Civil Court system

There are two types of torts: negligent torts and intentional torts:

Negligent Torts:

Negligence is defined as the omission or commission of an act that a reasonably prudent person would or would not do under given circumstances. Wrongful death is an obvious claim, i.e. negligence on the part of the physician leading to an unexpected death. However other, less obvious claims are also possible such as wrongful conception, wrongful birth or wrongful life (an obstetrical case where the argument is that the patient would have been better off if s/he had never been born; for instance if prenatal testing failed to uncover a serious defect).  

Intentional Torts: 

Here, a wrong is intentionally committed and the wrongdoer realizes that harm is likely to result. 

Common examples of intentional torts include:

• Assault and battery- "assault" is a threat, whereas "battery" is an unconsented-to intentional touch of another's person. For example, operating on a patient without obtaining informed consent.
• False imprisonment- restraint by physical force. For example, not letting a patient leave the office until the bill is paid. Regulations regarding restraints, including restraining mentally ill patients, or patients with a communicable disease vary depending on state laws.
• Defamation of character- is an oral communication (called "slander") or written communication (called "libel") to a third party or parties that holds a person up to scorn and ridicule to a substantial number of persons. For example, a physician tells a patient that his/her previous physician was incompetent and unfit to practice medicine.
• Fraud- is intentional misrepresentation in a manner that could cause harm. For example, a physician promises that a procedure will cure a patient when the physician knows that it will not.
• Invasion of privacy- is the right to be left alone. An example might be a woman who is called at home and asked to donate blood (despite her frequent requests not to be called) because she has a rare blood type which is in great demand.
• Infliction of mental distress- self explanatory - For example, a patient is screamed at by his physician for calling the physician's answering service very late at night, and the patient suffers emotional trauma resulting from the physician's screaming.

Criminal Law vs. Tort Law

A basic understanding of the current U.S. legal system

 The U.S. court system is divided into three separate sections based on the type of law considered: Criminal Law, Civil or Tort Law, and Administrative Law.
 

Criminal Law...

Criminal charges, which are brought against individuals or groups by the state (the government), are based in laws arising from three sources...

• Constitutional Law - which arises from the Federal and State Constitutions
  
• Statutory Law - which is derived from statutes enacted by the State or Federal Government.
  
• Common Law - which arises (at least partially) from the opinions penned in actual court cases.

Civil or Tort Law....

The Civil Court system provides a mechanism for individuals, groups or the state to recover damages when a tort (French for 'wrong') is committed against a person(s) or property.
Some Civil wrongs (or torts) are defined in state statutes; however, most tort cases are brought claiming negligence, which has its basis primarily in common law. Medical malpractice (which is defined as professional negligence in a medical setting) cases are heard in the Civil Court system.

Administrative Law...

deals with the implementation of governmental legislation through the creation and administration of agencies such as the Internal Revenue Service, The Environmental Protection Agency, etc., and will not be considered in much depth here.
A large part of any medical-legal or risk management discussion is medical malpractice. A patient who sues for medical malpractice is claiming the tort of professional negligence (types of torts are more fully explored in the next section). And professional negligence in the health care setting is defined as the departure, either by the acts or omissions of a health care provider, from accepted standards of care.

Some Examples...
So, how does medical malpractice (a Civil Law concern) interface with Criminal Law and the Criminal Court system? Stated simply, 'malpractice' is a claim of professional negligence and is tried in the Civil Courts, whereas criminal charges are made by the state and are tried in the Criminal Courts.

How these two court systems coexist can be illustrated by an example:

O.J. Simpson was found 'not guilty' in a criminal court. However, the victims' families brought a civil suit to redress the loss (the 'tort') they believed was caused by Mr. Simpson. He was subsequently found guilty of 'wrongful death' in civil court.
How did this happen? First, the burden of proof in a criminal case, where one's liberty and perhaps one's life is at stake, is greater than in a civil case where only one's finances are at risk. In fact, criminal cases must be proven 'beyond a reasonable doubt', while tort and other civil wrongs require only a 'preponderance of evidence'. Second, because civil and criminal courts are different (and consider different paradigms of law), it is possible to be found innocent in one court and guilty in another.
One of the most concerning recent trends in medical risk management is the move toward bringing criminal charges against physicians for issues previously only considered as torts in civil court.

A recent example:

An oral surgeon administers sedation in his office to an adolescent while performing a tooth extraction. The adolescent has a reaction to the sedation, aspirates and arrests. The Surgeon begins CPR and calls 911, but the adolescent doesn't survive.
The community was so upset with this case that, in addition to the civil lawsuit for professional negligence (malpractice) brought by the patient's parents, the district attorney (as a representative of the community) charged the physician with the crime of manslaughter (despite the fact that the physician was trained and licensed to administer sedation and adhered to all guidelines for equipment, drug administration and monitoring in his office).

Frequently asked questions on patient rights

FAQ

Q. May a patient revoke his or her consent for a procedure once it is given?
A. Absolutely. A patient has the right to revoke his or her consent at any time. If a patient revokes consent in the middle of a procedure, the procedure should be terminated as soon as safely possible, and the patient's termination of consent should be recorded in the medical record.
 
Q. May a patient or a patient's family revoke a DNR order?
A. Usually. The patient can always revoke his or her own DNR order. Members of the immediate family or other surrogates may be able to revoke a DNR order (if the patient is unable to participate in decision-making) depending on the situation. Advice from the Office of Risk Management is critical in situations such as this.
 
Q. Is consent obtained over the telephone from a guardian adequate when treating patients unable to consent for themselves?
A. Yes, but is definitely preferable to obtain consent in person. If it is necessary to obtain consent over the phone, the conversation should be witnessed (listened in on) by another healthcare professional, and the substance of the conversation should be recorded in the chart. The witness should cosign the note.
 
Q. For how long is a consent form valid?
A. At Yale-New Haven Hospital, a surgical consent for is valid for 30 days.
 
Q. What are the most important things to cover in informed consent?
A.

• The disease which is to be treated.
• The proposed treatment or procedure.
• The potential risks (including death, serious disability or those outcomes which would be particularly concerning to the patient), benefits and side effects of the procedure or treatment proposed.
• The risks and benefits of any alternative treatments or procedures (including no treatment).

Q. If I forget to obtain consent prior to sedating a patient, is it better to wait until after the procedure to obtain consent or to consent him or her while sedated?
A. Obtaining consent after a procedure should never be done. Either a procedure can be done without consent (because it is an emergency, etc.) or consent must be obtained prior to the procedure. If a patient is sedated prior to surgery, but is awake, alert, appropriate and aware, it may be acceptable to obtain consent (and document on the consent form in the record that patient was awake, alert, etc.) Consent after premedication or sedation is much less preferable to obtaining consent while the patient is fully awake!