So my father is admitted in ICU. He came in due to vomiting blood. He was alert and able to talk and sign. My brother was also with him and could have signed everything. They did a endoscopy and after came to me to sign papers and stated "we should have signed these prior to can you please sign?"
So now nurse asked me to sign consent for blood transfusion. I said why? She said in case of emergency. I stated "we are always here and I dont feel it will be needed and dont need to sign for now" she stated "well they forgot to have him or you guys sign the consent for thr blood transfusion" since he has been here they have made too many errors causing My father pain. I am furious and need help.
Treatment without consent is battery, but how were any of you harmed?
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First of all, since he was vomiting blood, and could need surgery, a transfusion could be needed during surgery, which is why they need the consent signed now. I do not understand your reticence. I cannot comment on what the hospital is doing since you have not specified what errors they have done. But signing the consent for a blood transfusion to me is a no brainer--I would sign it. The only reason not to that I can think of is that your father is a practicing Jehovah's Witness and does not religiously believe in blood transfusions.
If your father was admitted to the ICU vomiting blood, it's not surprising that the staff administered a blood transfusion emergently and without consent. You are not likely to find a medical expert and later a jury that will find fault with that.
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First, you haven't stated anything that can lead us to think there is an actual malpractice here related to the blood transfusion. Second, even if there was, the question is would he have signed the consent form had it been presented to him prior to the transfusion? If the reasonable person in his shoes would have signed the form in order to get the treatment then there is no case based on lack of signing the consent form. See Cobb v. Grant.
Having said that, if the did something negligently that caused him injury that's a different story. He may have a case but it can only be ascertained after reviewing his records.
This isn't medical malpractice. If they did the transfusion to try to help him, why do you care? This sounds petty.
You have various legal answers. I am going to provide a practical suggestion here. If this hospital is making errors (not the forgetting to get a form signed one), but actual errors that causing injury to your father -- and this happens in hospitals all the time -- if he is up to it, you can check into transferring him to a better hospital with a better reputation. What is most important is for your father to get proper care -- not to have a medical claim over improper care. In order to know if anything that has already occurs constitutes actionable malpractice, you would have to consult an attorney in private (not in a public forum) and provide the specifics, including medical records.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
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