Court decision making in medical malpractice cases where a plaintiff is a palliative care patient age 65 or older, often requires application of the negligence calculus to determine if a home care staff or nursing home treatment has contributed to harm. Patients taking multiple medications with physician supervision are still at risk of secondary injuries from falls. Complications related to prescription intake are part of the scope of codified practitioner guidelines to informed consent and treatment intervention.
In some states liability clauses leave room for practitioner liability in cases where a patient experiences injury due to secondary treatment impacts. Unwanted touching by a patient during care, for instance, may include a slip and fall scenario if a patient has stipulated this as a violation of informed consent agreement. The treatment of geriatric patients with multiple doses of medication resulting in injury or incapacity from product use, or from secondary causes is often the source of tortfeasor complaint.
Insurance litigation over geriatric patient physiological debilitation in motor sensory or neurological disorders from complications induced from pharmacological intake is common. Such cases pose some liability risk to practitioners, as unforeseen side effects may lead to a complaint of negligence. Practitioner immunity from litigation over side effects of pharmacological prescription may be compounded by the administration of multiple medications.
Physician accountability for side effects is increasingly the basis for tortfeasor medical malpractice claim by patients. Secondary ailments or injury(s) resulting from medication intake, where patients have been forewarned in part to signatory informed consent, and provided adequate care in dosage administration or information about self-administration are not sufficient evidence to fulfill the negligence calculus.
Medical malpractice claims normally arise where there has been no forewarning, or a practitioner duty to a reasonable standard of care has been ignored. Something has minor as absence of a medication warning label or forgotten verbal instruction during administration of a dosage can lead to a liability claim. It is important for patients, as well as physicians and nursing staff to understand their obligations to informed consent, and their rights in case of claim.
Patients releasing practitioners from liability may not be entitled to tortious claims. Practitioner and institutional immunities in response to malpractice litigation are enforced where informed consent has been followed according to law. Emergency cases are also exempt from informed consent rules and provide medical practitioners immunities in respect to intervention on unconscious patients.
Violation of a patient-plaintiff’s right to reasonable care full under the protection of U.S. patient rights legislation, and may be the basis to tortfeasor complaint. If you or a loved one under your care has experienced medical malpractice, contact a personal injury lawyer Louisville to file your tort claim.