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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

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Attorney answers 2


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.


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 for more information on why this communication is not privileged or create an attorney-client relationship.

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