Protecting your Rights: Unauthorized Treatment and Informed Consent

It is difficult to make medical decisions without doctors. As experts, they are the ones who have ample knowledge when it comes to the right medicines and treatments for certain diseases and illnesses. Thus, they must provide their patients with ample information on different medical treatments as well as their risks. When medical practitioners undergo unauthorized treatment, it can lead to medical malpractice or informed consent.

What is Informed Consent?

Basically, informed consent is a verification that the patient received all the information that he needs from the doctor. These include the person’s medical condition, choices of treatment, prognosis and all the possible risks from treatment. This is both a legal and ethical responsibility of the doctor and it must be comprehensible enough for the patient to understand.

What is Unauthorized Treatment?

Civil offense can be charged to a medical practitioner if he or she fails to acquire informed consent but still undergoes a treatment. It can also be considered as an authorized treatment if the doctor did not explain or make clear to the patient all the possible risks and side effects related with the treatment procedure.

Who are Competent for Informed Consent?

To give an informed consent, the patient has to be competent which means he is in the right age and mind to make a medical decision. Basically, adults are considered as competent apart from those who have mental problems. On the other hand, minors are considered as incompetent since they are still too innocent to decide for themselves. Nonetheless, their parents or guardians can sign the informed consent form for them.

Do you have a Legitimate Medical Malpractice Claim?

To know if you have a legitimate medical malpractice claim, you need to have an experienced lawyer review your situation free of charge. Your lawyer will help you weigh things and decide whether you need to file a lawsuit or not. Want to know more about medical malpractice? Click here to learn more.

Medical Malpractice Caused by Erroneous Diagnosis/Failed Treatment

Since doctors are experts in medicine, we trust them in treating our diseases and illnesses. However, there are also times that they make mistakes which are usually caused by wrong treatment or lack of treatment. These malpractice cases are often called failed diagnoses or erroneous treatments.

Medical Misdiagnosis

If a disease or injury is caused by a failed or delayed diagnosis, the medical provider can be held accountable for it. Basically, a differential diagnosis is established by doctors in which they list their impressions of the probable causes of the symptoms that the patients currently feel. To sue a doctor for a medical malpractice, you have to prove that this doctor has failed to mull over the true diagnosis of the patient. The doctor might have listed it but if he was not able to prove it using additional tests, you can also file a lawsuit against him.

Erroneous Treatment/Treatment Failure

There are some cases that doctors treat their patients for a disease or illness that they don’t actually have. Apparently, this can harm the patient so if this is the case, you can sue your doctor for erroneous treatment or treatment failure. Doctors also become negligent when they disregard their patients’ symptoms because they are minor, temporary or not worthy of treatment. Thus, it may deteriorate the patient’s condition. On the other hand, if the doctor uses conventional treatment, the treatment will not likely fail, instead, it will become utterly successful.

Seeking for Legal Help Using a Medical Malpractice Claim

For the above cases, the best step is to seek for a legal help. To do this, you will need a medical malpractice attorney in West Palm Beach. Most probably, your attorney will advise you to use a medical malpractice claim so make sure you have kept all the documents you may need to present to help you win this case.

Medical Malpractice With Over Diagnosis or Misdiagnosis

As you get older, it may seem as if you and your like-aged circle of friends are getting weaker. One day you are as healthy as a horse, the next it feels like you’re riddled with diseases especially after a visit to your doctor. Though in some cases, this may be true, there are times when it just plain isn’t. Sure, you’re getting older and with age come some sickness—that’s normal. But if you feel like your doctor is always finding something wrong with you then you may just be experiencing a medical malpractice. Here at Gordon & Doner, we will help you in case of over diagnosis or misdiagnosis.

Over Diagnosis or Misdiagnosis of the Following Conditions is a No-No

There are several diseases that are constantly being misdiagnosed or over diagnosed everyday. If you have been recently diagnosed with any of the following diseases, take it with a grain of salt and ask for a second opinion.

  1. Low testosterone

Though this is a common enough diagnosis especially for American men, be wary if you are diagnosed with this. As we age, hormone production also decreases. And taking medication to alleviate this problem may even be more harmful in the long run. There are several hormone replacement drugs that do more harm than good. In fact, men diagnosed with low testosterone stop taking medication altogether because of these harmful side effects.

  1. Pre-dementia

Again, with age come certain impairments that cannot be avoided. However, these impairments are so often diagnosed as something worse. As we age, we slowly lose our cognitive abilities and some doctors may see this as precursors to Alzheimer’s disease. Sometimes telling a patient that they are on the early stages of dementia may do more harm than good, especially since there are no drugs to reduce or treat it altogether.

  1. Cancers

No one wants to hear this C word from their doctor. Whether they’re pertaining to you or a loved one, it’s one of the most dreaded diseases. Rather than treating their patients immediately with chemotherapy, some medical professionals are opting for an active surveillance method to decrease costs to the patient and to avoid their losing hope altogether.

  1. Tests and procedures

If every time you go to the doctor you come away with a barrage of order of tests, exercise caution. There are some overzealous medical practitioners who just want to make sure you don’t have a certain disease. While this is good, use your common sense as well. If you have low risk for osteoporosis and you’re being asked to do a bone- density scan, ask for a second opinion.


Our medical malpractice team here at the Gordon & Doner Law Firm doesn’t want you to spend more than you have to have a good quality of life. If you are reason to believe that there is an over diagnosis or misdiagnosis, contact a medical malpractice attorney in West Palm Beach.