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Does a doctor who decides for his patient commit a criminal offense?

Tampa, FL |

Regarding elective procedure. Was not in any real pain. Was a gait disturbance issue. Was not life threatening. Doctor withheld information from me the patient of facts that contradicted his diagnosis and based his diagnosis completely on theorizing, i.e. no other example in his experience or the literature and expressed his theory with the utmost confidence and bumped me to surgery. Given thiis highly skewed view of my state of health, how could I choose otherwise? Well, he was wrong and I'm screwed and his defense was he thought I might eventually become symptomatic-like 5 decades later. If I had known all of the true facts I would have never underwent treatm This is wrong, giving information in this fashion is like deciding for the patient. like playing God. Doc was trained in 1960s

Attorney Answers 2

Posted

It is possible criminal battery (or similar). As with any potential crime, you can feel free to report the facts as you know them to the police and let the police decide whether to do anything with that information. You have little control over whether a prosecution actually happens.

It is also a basis for a lawsuit for malpractice and an action for failure to warn, if you have been damaged due to the doctor's actions. A lawyer is an absolute necessity, in my opinion, for a medical malpractice lawsuit.

The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.

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Posted

Yep. The best course of action is to find plaintiff's medical malrpactie lawyer who will be on your side.

Posted

One other alternative is to file a complaint with the licensing board in the state where this took place. I am assuming since you are listed as being in Tampa that it took place in Florida. Am including a link below where you can get more information about this process.

This response is intended to provide general information, but not legal advice. The response may be different if there are other or different facts than those included in the original question. See MKnutsonLaw.com for more information on why this communication is not privileged or create an attorney-client relationship.

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This is a medical malpractice issue and not "health care" issue. Health care lawyers defend the doctors, nurses, dentists, vision care specialists et al. I absolutely advise the Asker against filing the complaint with the medical board. Only people who gain by doing so are: 1) private lawyers on both side of the issues who'll make money off your injuries 2) medical board does not have to investigate or they can choose to investigate only after you're dead for their own political/government agenda. 3) the people who "investigate" are mostsly women/beowitch who care nothing about you. Another government liars/bureaucrats/politicians who prey on you. You should hire your own PLAINTIFF'S medical malrpactice lawyers to be compensated for your own pain & suffering. Don't' make the lawyers, government crooks/women rich. Dont' give "public" access to YOUR privacy/your medical information. Once you file such complaints, your information will be used and abused by the greedy People/public and their greedier female/male lawyer for their gains/agenda. Unless your objective is to get the doctor/dentist in trouble and have him/her/them fired/lose license (which I don't think is your objective), don't file any complaint with the STATE MEDICAL BOARD. State government employees/women are as much of the crooks as the local/city/Federal government. Don't give them power over you. They don't work for you. Only the bureaucrats/women use you for their job securities. You also DON'T owe anything to the "public" who do nothing for you nor pay your mortages/bills/cars. You own nothing to anyone and you will not get anyting by being used by the greedy health care businesses/women/government or "public" or greedy private lawyers et al.

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