Negligence

Negligence

Communication is a vital part of everyone’s life, in order to enjoy a good rapport with one another good communication must be present. In a physician-patient relationship, it is especially crucial since the body and life of an individual may be at risk. “The communications process is an ethical obligation and a legal requirement” (www.ama-assn.org). Medical informed consent laws concern proper communication and understanding between the physician and patient. These medical consent laws have been undergoing changes in recent years as cases have become more complex. One such case is of Godin v. Quintal, battling over these constantly modified laws concerning informed consent and causality. Medical informed consent requires a physician to inform their patient of ‘material’ risks and benefits involved with a procedure or treatment. “A plaintiff in a medical malpractice action must prove three critical elements, which consist of the negligence of the doctor, damages incurred by the patient, and a causal link between the doctor’s fault and the damages suffered by the patient” (www.kemplaw.net). In the case of Godin v. Quintal, the surgeon appealed a trial case, stating that the judge misconstrued the law concerning informed consent and causality. The patient, cross-appealed, and stated that the judge erred in finding no connection between doctor’s fault and her resignation from her law firm. At the end of the dispute, the courts found that the patient would not have agreed to the operation if the risks were properly explained, therefore the surgeon has committed fault because the surgery was not performed with ‘informed’ consent. The result of the doctor’s fault found by the courts was of the patient’s temporary absence from work, loss of enjoyment of life, pain and suffering, and impairment of future earning capacity. The surgeon was held liable to compensate the patient in the amount of $252 044.52 for all pecuniary and non-pecuniary damages suffered by the...

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