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

Asked almost 2 years ago - 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)

  1. Ralph H. Schofield Jr.

    Contributor Level 12


    Lawyer agrees

    Answered . 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... more
  2. Martha Ann Knutson

    Contributor Level 11

    Answered . 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... more

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