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Ohio Treatment Against a Patient’s Wishes Lawyers
Strong advocacy when the rights of patients are neglected in Ohio
It is a fundamental principle of medical practice that patients have the right to make decisions about their own medical care. Patients should understand the consequences of any procedures, treatments, or medications their doctor recommends so they can make a knowledgeable decision. Patients should be able to decide what type of medical care is acceptable and not acceptable when they have terminal health disorders.
Our Ohio medical malpractice attorneys can handle cases involving treatment against a person’s wishes. We may file claims against doctors, hospitals, and other medical professionals even when the treatment does not harm the patient or even improves the patient’s health. It’s the patient’s decision to proceed with care, not the physician’s. At Crandall & Pera Law, our medical malpractice lawyers hold medical providers accountable when they provide treatments against a patient’s wishes or without their full knowledge of the reasonable consequences.
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What is informed consent?
According to Healthline, informed consent is the medical process that enables patients to make informed decisions about the treatments they want and the ones they don’t want.
These components are essential elements of the shared decision-making process between you and your healthcare provider:
- Your ability to make a decision. For patients who have dementia, are unconscious, or cannot make decisions due to physical, cognitive, emotional, or other disorders, there are additional laws, medical rules, and ethical rules that healthcare professionals must understand and follow.
- An explanation of the information you need to make an informed decision. Generally, your doctors should explain the reasonably known benefits and risks of each procedure so you understand the full picture. The explanation should include a discussion of alternative treatments. The explanation should also discuss the patient’s likely prognosis with and without the treatment.
- Your understanding of the treatment. It’s not enough for your physician to explain the pros and cons of the treatments. Your doctor needs to ensure that you understand. Many medical terms are difficult to understand. Patients should be encouraged to ask questions. They should be given time, if possible, to discuss the proposed treatments with their family.
- A voluntary decision to get the treatment. Your decision should be your own and not due to any pressure or duress.
Patients should sign a written informed consent form. That helps to protect both the patient and the physician. Generally, parents can sign an informed consent form for their children. Guardians may also have the authority to sign an informed consent. Informed consent is usually not required in emergency situations.
Patients must give informed consent to most surgeries, medical research that involves the patient, blood transfusions, anesthesia, chemotherapy, radiation, most vaccinations, certain blood tests like HIV tests, and other medical treatments.
The key elements of a medical malpractice claim based on lack of informed consent are:
- The patient was not properly informed about the procedure according to the above discussion.
- The patient would have declined the treatment and the proper information had the proper information been disclosed.
What rights do patients have to decide their terminal care in Ohio?
There are situations other than being fully informed and religious concerns that can affect a patient’s right to decline medical care. One of the most common situations involves end-of-life care. Today, medical technology can help extend the life of a patient. Unfortunately, some technologies only extend a person’s ability to function, not the ability to enjoy their lives.
In end-of-life care, there are a number of medical guidelines and Ohio regulations that doctors, hospitals, and other healthcare providers must follow. These issues include the following:
- To the extent possible, the informed consent principles apply. Seniors and people who have accidents or illnesses that mean they have little time to live should understand the benefits and risks of the treatments doctors may use to keep them alive.
- The right to decline life-serving medical treatment. This issue can be quite complicated. At Crandall & Pera Law, our medical malpractice lawyers understand when and how patients can make their own end-of-life decisions and when others can make end-of-life decisions for them. If patients are competent to make their own decisions, then the physician or hospital should obtain a written informed consent from the patient to deny certain, or all, medical care.
Generally, Ohio recommends that patients prepare certain legal documents to protect their end-of-life decisions when the time comes. Alternatively, family members and others can seek the authority to make end-of-life decisions if necessary. Medical providers must comply with these legal documents or they may be subject to a medical malpractice complaint, medical disciplinary actions, and possibly other consequences.
What legal documents govern terminal care in Ohio?
The Ohio End of Life Options recommends that residents of Ohio, especially older residents or residents with severe medical conditions, prepare (with the help of legal counsel) the following “Advanced Directive” documents to protect their end-of-life decisions:
- A living will. This document is generally useful only if a patient has a terminal illness and is unable to communicate their wishes or if the patient is unconscious.
- A healthcare power of attorney. This document authorizes someone on behalf of the patient to make informed end-of-life decisions for the patient.
These advanced directives can include Do Not Resuscitate (DNR) orders.
If a patient does not have an advanced directive, then a family may need to petition the county court for approval to make medical decisions for their loved one.
Do you have an Ohio treatment against a patient’s wishes care lawyer near me?
Yes. We meet clients and families at the following locations:
- Chesterland. Cambridge Square, 8251 Mayfield Rd. Suite 24
- Cleveland. 850 Euclid Ave #1122
- Cincinnati (Downtown). 810 Sycamore St.
- Cincinnati (East Side). 4628 Aicholtz Rd.
- Chagrin Falls. 15 1/2 N Franklin St.
Our lawyers consult with patients and families when medical providers fail to obtain informed consent or provide medical care against a patient’s wishes. We also consult with clients by phone and through online video conferences.
We can explain your rights and fight to hold the physicians and other responsible medical professionals accountable.
Speak with our Ohio medical malpractice lawyers today
We understand how devastated patients are when they learn that their medical providers provided treatments without explaining the full benefits and risks or against their wishes. At Crandall & Pera Law, we work with our network of doctors and medical ethics professionals to show what information and steps your providers should have taken to protect your health while also protecting your legal rights.
Our Ohio treatment against a patient’s wishes lawyers demand full compensation for a patient’s medical costs, pain and suffering, and other financial and personal damages.
Please call us or use our contact form to schedule a free consultation.