Extra Procedures Without Patients Full Understanding

[Anthony3]

What is the name of your state (only U.S. law)? IL

Hello,

My mother recently had Arthroplasty done on one of her toes. I was under the impression (due to what my mom told me and what I've read in the paperwork they've provided) that this was a simple, out-patient procedure that would be performed on (as was originally intended) ONE TOE, but after my mom returned home today, I spoke to the nurse in charge and she told me that the Dr. not only operated on the one toe, but also "released the tendons" on two of her other toes so's to allow the initial toe to not "curl up."

Anyway, here's my problem with this situation: My mom doesn't speak English very well, and she had a friend there (that also doesn't speak English very well) as moral support and to basically help my mom carry her stuff when the operation was complete. The friend does not have power of attorney over my mom. The doctor explained that he was going to operate on two other toes and so it was left in the friends hands to translate what the Dr. said properly. My mom wasn't certain as to what was going on but went through with the procedure anyway.

So here is my question:

1.) What happens if a Dr. performs an "extra" procedure without being certain that the patient knows what this "procedure" entails? Do we have legal rights when such things occur?

The nurse said that she "thought" that the friend was my moms "sister." Do "sisters/friends/whatever" not need to sign a waiver stating their name and relationship to the patient?

Any help/opinions/comments with this would be greatly appreciated. If any additional information is needed, just ask.

Thank in advance!

 

[lealea1005]

What is the name of your state (only U.S. law)? IL

Hello,

My mother recently had Arthroplasty done on one of her toes. I was under the impression (due to what my mom told me and what I've read in the paperwork they've provided) that this was a simple, out-patient procedure that would be performed on (as was originally intended) ONE TOE, but after my mom returned home today, I spoke to the nurse in charge and she told me that the Dr. not only operated on the one toe, but also "released the tendons" on two of her other toes so's to allow the initial toe to not "curl up."

Anyway, here's my problem with this situation: My mom doesn't speak English very well, and she had a friend there (that also doesn't speak English very well) as moral support and to basically help my mom carry her stuff when the operation was complete. The friend does not have power of attorney over my mom. The doctor explained that he was going to operate on two other toes and so it was left in the friends hands to translate what the Dr. said properly. My mom wasn't certain as to what was going on but went through with the procedure anyway.

So here is my question:

1.) What happens if a Dr. performs an "extra" procedure without being certain that the patient knows what this "procedure" entails? Do we have legal rights when such things occur?

The nurse said that she "thought" that the friend was my moms "sister." Do "sisters/friends/whatever" not need to sign a waiver stating their name and relationship to the patient?

Any help/opinions/comments with this would be greatly appreciated. If any additional information is needed, just ask.

Thank in advance!

If your Mother's friend was in the room with during treatment or consultation is considered informed consent. Therefore, written consent was not necessary....especially given the fact that she was actually translating for your Mother.

Your Mother (and/or her friend) could have indicated neither she, nor her friend, were fluent in English. She could have requested a translator present during the consultations. Legally, the Physician would have to provide that translator for her at the Physician's expense.

ETA: The Physician will also have documentation to the fact that the procedure was explained to your Mother and her friend before anything was signed.