Introduction
One of the dynamics attached to the glove of medicine is that one can easily end up committing an offense without their patient’s given consent and medical battery happens to be among the results of such actions. The effects of medical battery are adverse at times within the profession and the patient’s rights, and both these factors have legal ramifications. For lawyers representing patients in leisurely practices, it is key to appreciate the intricacies surrounding the concept of medical battery. This article intends to answer the issues that revolve around the medical battery concepts and its sections as well how a medical legal record review company can assist a lawyer in these cases.
What is Medical Battery?
Definition of Medical Battery
Barbara Rubel defines medical battery as the infringement of bodily integrity by a health professional and explained further that medical battery comprises of the `willingness’ to perform an invasion on a pregnant woman, even against such woman’s own will. Among other elements, what Rubel defined shows that medical battery is capable of standing on 3 foundations that are:
• The Act: A medical intervention or treatment is done.
• Intent: A doctor supplied treatment to an individual without prior consent.
• Actual Cause: The invasion inflicted physical injury to the woman who was unwilling waiting for one to give express permission.
• Proximate Cause: It was apparent that the unintended harm was the offshoot of the act or treatment.
• Touch: The supposed touching of a woman’s private parts occurred.
• Harmful or Offensive: The contact caused harm or was offensive in a manner such that such conduct amounted to a battery against the patient.
Distinction between Medical Battery and Medical Malpractice
• Medical Battery: This is where one does not have the consent of a patient and just engages in an act even if that particular act did not cause any harm.
• Medical Malpractice: This is an act of negligence or not practicing to the standard of care which could be with or without the consent of the patient.
The Role of Informed Consent
Importance of Informed Consent
Informed consent is a critical component in the medical field, serving as a legal and ethical requirement for healthcare providers. It ensures that patients are fully aware of the procedures they are undergoing, including:
• Risks and Benefits: As a rule, the patients should have proper telling regarding dangers that might arise out of such operations or interventions and the advantages that follow such medical procedures.
• Alternatives: Patients ought to be advised on other options for such treatment.
• Understanding: There has to be an understanding on the patient’s side where the patient will cost the information offered to him or her.
Legal Implications of Informed Consent
Failure to obtain informed consent can lead to medical battery claims. If a patient undergoes a procedure without being adequately informed, they may have grounds to file a lawsuit. This highlights the importance of thorough documentation and communication between healthcare providers and patients.
Common Scenarios Leading to Medical Battery Claims
Examples of Medical Battery
- Medical Procedures: The physician performs a medical procedure that was not agreed upon with the elderly patient, for instance, he extracts further organs without asking for permission.
- Emergency Situations: An individual with a medical battery claim may arise if there is no proof that an emergency situation existed and consent was not provided by the patient and the healthcare provider performed the procedures anyway.
- Mental Health Treatment: Treatment given to a conscious fully oriented patient who does not want to undergo the treatment is subject to legal attacks.
Legal Consequences of Medical Battery
Types of Damages in Medical Battery Claims
- Compensatory Damages: It is common for courts to award amounts as compensatory damages in assisting the victims to ‘get back to the status before tort’ as well as covering medical expenses and wages not earned.
- Non-Economic Damages: Even though there was no injury to the victim’s property or person, damages can be awarded to claimants on the grounds that and as follows: Pain and suffering, and emotional distress and loss of enjoyment of life.
Criminal Charges
In some situations, the procedure was performed without proper consent while such was necessary giving rise to criminal charges against the medical practitioner and this could make them pay some fines or serve jail terms.
Common Defenses against Medical Battery Claims
Potential Defense Strategies
- Informed Consent: A defense in the case could be that there had been adequate information to the patient and they consented to the surgery.
- Emergency Situations: Providers may state that the procedure was performed due to life-threatening clauses or to avoid substantial injury.
- Patient Incapacity: Where the patient was in a mental state where they could not give consent, the provider may argue they acted within the reasonable standards expectations of the standard operating procedure.
The Role of Medical Records in Medical Battery Claims
Importance of Medical Records Review
Medical records play a crucial role in substantiating claims of medical battery. A thorough review of medical records can help attorneys:
- Establish Consent: Ascertain if there was a valid informed consent and its endorsement.
- Identify Deviations: Find instances where agreed treatment was not variables.
- Support Claims: Collations of evidence that show the condition of the patient and the treatment that was dispensed in the case in question.
How Medical Records Review Services Assist Attorneys
We specialize in medical records review services tailored for attorneys. Our process includes:
- Comprehensive Review: The case medical records in entirety are studied for important aspects to the case.
- Detailed Reporting: Drafting short and straightforward reports for the lawyers with the goal of quick understanding of careful considerations and issues.
- Expert consultation: Giving guidance on the best way to utilize the reviewed records in legal representations.
Case Studies
Case Study 1: Surgical Consent Dispute
Overview: An Attorney assisted a client who alleged the surgeon executed extra operations during the said surgery without authorized consent from him.
Challenges: The medical records are a mess and it is difficult to know what was said during consent discussion.
Solutions: The records received the attention of our medical records review team that started by actively sorting out the records by grouping the consent forms and pre-op notes that were similar in nature. There were instances whereby the consent that I documented was not the same as what the patient’s signed. Such instances were stressed by us.
Compensation: The lawyer won the case hence the settlement allowed the plaintiff to be compensated for the medical outlay incurred and the emotional trauma suffered by the client due to the situation.
Case Study 2: Emergency Procedure without Consent
Overview: The law firm was contacted by a client who claimed to have undergone an emergency medical procedure which was not authorized, which created some difficulties.
Challenges: The medical records did not show sufficiently the patient status at the time the procedure was done, hence worsening the case.
Solutions: We performed a review of the trauma care provided in the emergency room explaining how the consent was poorly satisfied. A chronology of the events was provided describing what happened in relation to the treatment.
Compensation: The attorney pleaded the case and the jury ruled in favor of the case and as a result awarded compensation for the client’s pain and suffering.
Conclusion
The concept of medical battery should not be overlooked by attorneys practicing in the demanding field of healthcare. There is no doubt that informed consent and medical records are important factors in making legal arguments and thus need to be appreciated. We seek to offer credible medical records review services that will enable advocates to adequately represent the interests of their clients.