MEDICAL MALPRACTICE | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS

I. General Information about Medical Malpractice
II. Variations in Medical Malpractice Cases
         A. Negligence of Hospitals, Physicians and Others
         B. Misuse of Medications and Medical Devices
         C. Emergency Situations vs. Informed Consent
         D. Contract/Warranty Breaches
         E. Certificate of Merit
III. Health Care Provider Roles
IV. Hospitals
V. Vicarious Liability
VI. Duties of Pharmaceutical Companies/Manufacturers
VII. Prescription Medications
VIII. Expert Testimony & Res Ipsa Loquitur
IX. Conclusion

The Role of the Health Care Provider

Health care providers themselves, rather than a representative, nurse, or other related health care professional, are the best choice to speak to patients about informed consent. In discussing the matter with a patient, the health care provider should cover:

• The patient's diagnosis, if it is known; 
• The nature and purpose of the proposed treatment or procedure, as well as the possibility of    
• the procedure's success;    
• The benefits and/or risks of such proposed treatment and/or procedure;
• The alternatives to the proposed treatment and/or procedure;
• Alternatives to the treatment and/or procedure should be discussed regardless of the financial   cost and regardless of whether they will likely be covered by the patient's health insurance;
• The risks and benefits of an alternative treatment and/or procedure;
• The risks and/or benefits of not receiving or undergoing any treatment and/or procedure.

A health care provider should also be sure patients understand what they're hearing.  The patient, or the patient's legal guardian consenting to the treatment on the patient's behalf, must sign and date the informed consent documents, and must also be given a copy of the informed consent documents once they are signed and dated. A copy of such documents should also be placed in the patient's file.

A health care provider is required to inform a patient about risks, benefits, and alternative treatments.  Patients also cooperate in the informed consent process. Patients must listen to the health care professional and should ask questions of him/her if they do not completely understand what is being explained or if they would like further detailed information.

Patients have the right to be fully informed of any information on all treatments and/or procedures to which they are subjected. Failure to provide such information can subject the health care providers to legal liability. If you feel you may have a claim based on the lack of informed consent, contact one of our experienced medical malpractice attorneys at once.

Medical malpractice is not limited to medical doctors only. It applies also to nurses, dentists, osteopaths, health care facilities, and others providing health care services, such as nursing homes.

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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If you would like to schedule a free initial consultation contact an attorney representing clients in Sioux City, Iowa at the Luthens Law Offices, P. C.. Give us a call at (800) 685 7948 or email us at Info@luthenslaw.com.