John Brooks Cameron has represented people in the following counties:
Allen, Ashland, Ashtabula, Cuyahoga, Erie, Geauga, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull and Wayne.
May 23, 2012
Malpractice Liability: Battery vs. Negligence
Nowadays, many people seem to be attempting to sue doctors for malpractice.
As a law firm, we have to decide if the patient was a victim of battery or negligence.
If the patient is in total ignorance of what is to be done, or if the physician obtains consent for one procedure and then performs another, the case would be considered battery.
If the patient is in fact aware of the procedure and signs a consent form, but does not completely understand the risks that come with the procedure, the case would then be considered negligence.
With battery, lay witness testimony is sufficient.
On the other hand, with negligence, expert witnesses are required to testify.
Knowing this, a decision has to be made as to whether the risks are pertinent material.
The court will decide this by weighing the severity and probability of consequences along with feasibility of alternatives.
The plaintiff would also need to prove that the outcome was related to a risk and not an unpredictable consequence.
Keep this information in mind if you have a malpractice case and always feel free to bring it in to our office for discussion!
John Brooks Cameron & Associates
Serving Ohio Since 1991