Q: If a patient in a skilled nursing facility was given a chemical restraint without informed consent does it fall in the

A: It could be medical malpractice. Look into trying to arrange a free initial consult with a med mal firm. The problem is that in these settings, it can be difficult to gather evidence - or that evidence could be fleeting in nature. Good luck

A: In California, administering a chemical restraint to a patient without informed consent can indeed be considered medical malpractice. Medical malpractice occurs when a healthcare provider's actions deviate from the accepted standard of care and cause harm to the patient. Failing to obtain informed consent violates the patient's legal right to understand and agree to their treatment options.

Informed consent is a critical aspect of medical care, ensuring patients are fully aware of the risks, benefits, and alternatives to any procedure or medication. Without it, the patient's autonomy is compromised, and the healthcare provider may be held legally accountable for any resulting harm or adverse effects. Chemical restraints, in particular, require explicit consent due to their significant impact on a patient's physical and mental state.

If you or a loved one has experienced this situation, it’s important to document all details and seek legal advice to explore your options. You have the right to pursue action if medical malpractice has occurred, ensuring accountability and potentially preventing future incidents for other patients.