QUESTION
MY MOM WAS IN THE HOSPITAL AND I HAD POA BUT THEY OPERATED WITHOUT CONSULTING ME
Asked on Mar 25th, 2016 on Medical Malpractice - Pennsylvania
More details to this question:
She does Not remember signing anything since she was on many medicines, She suffered from this operation that was unnecessary, Her Family Doctor knew that she had it for many years and she did Not want anything done about it. Since then She has Passed in June of 2015- I am so Lost without Her - I also Have a Stament signed From her stating that she does not recall signing anything. This happened in Crozer Hospital. In Pennsylvania.Do I have any case against the Doctor ?
1 ANSWER
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In any malpractice case based on negligence, you have to prove that the care was outside the appropriate standard of care. A POA does not take away your mother's right to make her own decisions about her medical care. If she was competent to consent to the treatment and if she was properly advised of the risks and benefits, then there is probably not a case even if she later did not recall the discussion. As with any case, the specific facts are most important. You should contact an attorney to discuss your specific facts and whether you have a claim for negligence or lack of informed consent.
Answered on Apr 01st, 2016 at 8:40 AM