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Can I file a lawsuit against my doctor for battery?


From time-to-time, this blog discusses surgical errors and how they can be extremely damaging to victims. While doctors and nurses are often responsible for leaving foreign objects inside of patients, operating on a wrong body part, or performing the wrong operations, they are also sometimes responsible for providing a patient with an unnecessary or unwanted operation. The results from these procedures can be just as harmful, so you should be aware of how the law operates in this context.

If you are subjected to an operation against your will, if a doctor obtained consent for the operation through fraudulent means, or you were incompetent to give consent and an operation was conducted on you anyway, then you are the victim of battery. Legally speaking, battery is a harmful touching without an individual's permission. Though often thought of as a criminal offense, battery can also give rise to a civil lawsuit.

Whether you are injured by battery or sheer medical malpractice, you deserve to have the opportunity to hold accountable those who harmed you. Many times, this means taking legal action by filing a lawsuit. There are many moving pieces to a lawsuit, so it may be in your best interests to speak with an experienced Miami attorney who knows how to handle issues regarding implied consent and breaches in the minimal standard of care.

The mere thought of entering the legal arena may be frightening to you, but you should be proud to have an opportunity to have your voice heard. By acting on your legal rights, you not only give yourself an opportunity to potentially recover compensation, but you might also prevent medical professionals from acting in harmful ways moving forward.

Source: Louisiana State University Law Center, "Battery - No Consent," accessed on April 24, 2015

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