He developed seizure disorder from an electric shock treatment. It is a growing possibility that I may need to quit my job to take care of him. I think that at the time my husband was not capable of making a good decision about this electric shock therapy. How can a hospital let a person who is depressed make a decision that he is not aware of the outcome? Is this malpractice?
You raise a few questions here. First, was your husband competent to make a medical decision on his behalf. Depression does not, in and of itself, create incompetence. If he was aware of his surroundings, was able to speak coherently and respond appropriately to questions, was not exhibiting delusional behavior, etc., it was most likely reasonable for the hospital to believe he was competent to make the decision to go forward with the electric shock therapy. The second question is whether they advised him of the risks of the procedure. Generally, when discussing a potential procedure with a patient, the doctor will explain the risks of the procedure and have the patient sign a Consent form that lists out the possible risks. If your husband's records contain such a consent form and it lists seizures as a potential risk of the treatment, the assumption is that he was appropriately advised of that risk. As to whether you have a case, much will hinge upon whether your husband was appropriately advised of the risks and whether he was, in fact, competent at the time that he agreed to the procedure. You would need to bring your husband's medical records to a qualified medical malpractice attorney in Alabama who can best advise you as to whether there is a basis for a suit.
You need to determine if it was reasonable to provide the treatment in the manner it was provided. In NY the jury is asked if a reasonable person situated in the same circumstance as the plaintiff would submit to such treatment if properly informed. As this is a remote complication of a procedure that is used usually for overwhelming presenting symptoms, this cause of action would by necessity fail in NY. Consult local counsel to determine if there is a valid legal case in your State.
In a medical malpractice case, you have the burden to prove with expert medical testimony that a breach of the standard of care occurred that resulted in injury. I recommend you consult with an attorney to investigate the matter for you. I wish you the best.
