How Understanding Patient Rights Can Protect You in Medical Malpractice Cases

When a patient has been injured as the result of a medical error committed by a professional in a Philadelphia healthcare setting, the patient has been subjected to medical malpractice and has the right to file a medical malpractice lawsuit. It is essential to understand patient rights because doing so can protect you in a medical malpractice case. 

The Role of a Medical Malpractice Attorney in Protecting Your Rights

The patient’s right to file a medical malpractice lawsuit is not absolute. There are conditions to it. For instance, the patient may only file the lawsuit in the first two years after they knew or should have known that the medical malpractice occurred, with some exceptions for minors (e.g., minors can file two years after their 18th birthday) and other instances. Further, they cannot simply write a letter to the court stating what happened. The lawsuit doesn’t commence until a Complaint is filed and served upon the defendant healthcare professional. And the Complaint must be accompanied by a Certificate of Merit, which is a medical professional’s statement that, after reviewing the circumstances of the event, a medical error did occur. Does this sound difficult? It is. This is why you need to hire a medical malpractice lawyer in Philadelphia to help you through these complicated steps and ensure your rights.

The Importance of Informed Consent in Healthcare

Informed consent is both an ethical and legal concept in healthcare. Patients have the legal right to receive information and ask questions about recommended medical treatments so they can make well-considered decisions about their care. The doctor has both an ethical and legal duty to communicate to the patient important information, including possible risks and benefits, about a medical procedure or treatment, medicine, testing, intervention, or a clinical trial. The doctor also must communicate any new information that arises, such as medical statistics or findings, that might affect the patient’s decision to continue treatment. The doctor should: (i) present all the information accurately and clearly; (ii) ensure the patient fully understands the information; and (iii) document the informed consent conversation and the patient’s decision in the medical record. Failing to properly secure informed consent is grounds for a lawsuit filed by your medical malpractice attorney in Philadelphia.

Medical Records in Malpractice Cases

You may have heard of the Health Insurance Portability and Accountability Act of 1996, also referred to as “HIPAA.” This law protects patients’ privacy and secures their protected health information. In addition to making sure that healthcare professionals don’t disclose your personal and private medical records to an unauthorized individual, HIPAA also provides patients with the right to their medical records. A patient has the right to receive copies of their medical records upon request of the information. Medical records are helpful to a patient seeking to understand their healthcare journey, as well as when changing doctors or seeking a second opinion. And, if the patient decides to pursue a medical malpractice lawsuit, the medical records become absolutely indispensable. Patients are entitled to their complete medical records – every lab report, every blood analysis, every note written by a healthcare professional. Inconsistent or missing medical records can signal medical negligence. Your medical malpractice lawyer in Philadelphia knows what to request and how to spot incomplete records.

Patients have many rights in medical malpractice actions and a medical malpractice lawyer can ensure that patient rights are protected. Contact an experienced medical malpractice attorney who can protect your rights at VSCP Law.