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Frankfort Personal Injury Attorneys

Frankfort, Illinois Medical Malpractice Informed consent or the ‘right to know’ is perhaps nowhere as important as in end-of-life or palliative care scenarios. Medical malpractice lawsuits stand in the face of both tort law and professional ethics. A Frankfort personal injury lawyer can assist in the litigation process.

The Frankfort personal injury attorneys at Rosenfeld Injury Lawyers LLC represent residents and visitors of Frankfort, Illinois who were injured at work or in an accident. If your loved one suffered injury in an accident or while on the job, our attorneys urge you to contact our legal office for a free case consultation to discuss your legal rights and options. Our law firm accepts every lawsuit and compensation claim through a contingency fee arrangement. This agreement postpones payment of our legal services until after our attorneys have successfully resolved your case through a negotiated out-of-court settlement or jury trial award. We provide every client a “No Win/No-Fee” Guarantee that will ensure you will owe us nothing if we are unable to obtain compensation on your family’s behalf. You have nothing to lose and compensation to gain. Contact us today.

What is Informed Consent?

Informed consent means that a doctor must reveal to a patient any reasonable risks of injury or harm that may occur as the result of a procedure or treatment. Confidentiality of patient record as part of the ‘duty to a reasonable standard of care’ as outlined in liability rules on malpractice, serves as guidelines to physician determination of a patient’s reasoned competency to participate in treatment intervention decisions.

Deviation from standard obligation to patients in informed consent practices, is found in cases where plaintiffs are deemed to be mentally incapacitated. The inability of a mentally incompetent party to make informed consent decisions, constrains terms to liability of clinical institutions and practitioners. Incapacity of consenting parties denies patients the right to make informed decisions on their own behalf.

Best Practices to Informed Consent

The scope of ethical rules in respect to ‘omission’ of information in informed consent practices concerning patient parties is pertinent to medical malpractice cases in hospice and nursing home settings. Patients admitted to hospice organizations are normally diagnosed with chronic illness, and related conditions connected to genetic or effluent incurred transmission.

This scenario presents a risk management for nursing home and hospice organizations. In liability lawsuits filed on behalf of patients, application of the negligence calculus to determine if cost or risk of prevention in the form of detriment to the patient exceeds the current cost or risk, narrows duty and evidence in respect to obligation to liability. Practitioner immunities reflect this common law tort rule in the United States.

Incapacity of patient parties, however, does not impact the right to confidentiality according to law. Loopholes in administrative processes and referral record sharing once subject to non-disclosure agreements are preempted by protection of the patient’s privacy. Third party participation in patient record found in hospice recommendation, must remain closed to be consistent with U.S. law. Court interrogatories are the exception, allowing attorney access to patient record formerly sealed under non-disclosure rules.

The Patient Bill of Rights

The U.S. Patient Bill of Rights states that safe, considerate and respectful provision of care must be aligned with patient beliefs. Informed consent provides the opportunity for a healthcare organization and patient to work together toward a viable treatment plan. Confidentiality is also covered in the Bill, citing that all communications and records related to a patient be treated as confidential up to the extent permitted by law.

Knowledge of physician professional training and complete information about diagnosis, treatment, and prognosis by that practitioner should be provided in a legally authorized manner. Forewarning of any potential risks or benefits to treatment outlined in the Bill fulfills the negligence calculus rule to communication of potential detriment or harm. If exempt from forewarning, due to a patient’s incapacitation or cases of emergency, exception to liability is normally made.

Exceptions are also made where incapacitated parties are represented in medical decisions by designated third party interveners. In the U.S. this is seen in the court mandated conservatorship of patients. Attorneys ensure that ‘power of attorney’ is demonstrated. If it is proven that informed consent procedure has been breached, a client may have a case.

Filing a Medical Malpractice Claim

Medical malpractice cases involving palliative care treatment often refer to the Doctrine of Apparent Agency (DoAA). If you or an incapacitated family member has been harmed in a hospice or nursing home setting, understanding the DoAA is the first step in understanding your rights to just compensation and protection under the law.

For more information about Rosenfeld Injury Lawyers LLC service, contact our firm for a free consultation with a Frankfort personal injury lawyer.

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Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa