Medical Malpractice and Informed Consent Essay

1054 Words Nov 17th, 2012 5 Pages
Medical Malpractice and Informed Consent

In order to prove that Dr. Green was negligent in her treatment of Mr. Parker the plaintiff needed to prove that Dr. Green did not perform her duty, breached her duty, caused the injures, and that she suffered damaged. In this case, Dr. Green did not exercise reasonable care under the circumstances by not following the manufactures stated dosing instructions and prescribing the incorrect dose in both oral and written instructions. Dr. Green violated her breach of duty by failing to meet the applicable standard of care. It would be hard to argue that others physicians would have prescribed the incorrect dose in their standard treatment of care. It is my opinion that plaintiff would succeed in
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In order to prove that Dr. Green did not get Mr. Parker’s informed consent the plaintiff needs to prove that Dr. Green did not advise the patient of the risks and benefits of the particular treatment, as well as possible alternatives, before the treatment takes place. In order to be successful the plaintiff will primarily need to prove that Dr. Green breached the duty to reasonable disclose the risks to the patient and because of this caused the patient to suffer damages. In this case, the plaintiff will need to successfully argue that the possibility of Dr. Green incorrectly prescribing the dosage is a risk that she should be required to disclose. Depending on the state where this case occurred, Dr. Green would need to argue that this risk is not a standard of treatment with other physicians or that a reasonable patient would want to know this before deciding on the procedure. Regardless of what state this case was in, I would find it hard to believe that any court would call this a material risk, and the plaintiff would most likely be not successful arguing this. In order to prove that the Plan should be held liable for both Dr. Green’s negligence and its own negligence in this case the

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