Not that the Sox really need any more bad news this year, but Carl Crawford is likely done for the season because of his upcoming elbow surgery. This comes after Crawford had to deal with outright racism while playing with the Portland Sea Dogs on a rehab assignment.
Unfortunately, the rehab didn't do enough to help heal Crawford's elbow. He will be undergoing Tommy John surgery to repair his torn ulnar collateral ligament in his left elbow, according to The Boston Globe.
When Crawford undergoes surgery, he will have to give informed consent to the doctors. How will that affect what the surgeon can do?
We're talking about consent because of the personal injury theory of battery. A battery happens when one person intentionally makes contact that is offensive, with another person. Inappropriate sexual touching can be a battery, but so can performing surgery beyond what the patient has consented to.
For example, if you were having a facelift and the doctor saw a polyp that looked cancerous and removed it, she could potentially be liable for a battery because of the lack of consent.
Another issue with medical consent is the requirement that a doctor give proper information before obtaining consent. This is to protect against a negligence case. Negligence can occur when a doctor breaches the standard of care followed by those with similar training and experience.
So hypothetically speaking, a doctor could fail to notify a patient about the success rate of a certain procedure before getting the patient's consent to operate. Then, if the procedure fails, the patient could potentially have a suit for medical malpractice for lack of informed consent.
It is highly likely that Carl Crawford's doctor disclosed all of the necessary details before Crawford gave informed consent to the Tommy John surgery. Now we just have to hope that he's healthy by next season and wasn't given a third elbow.
- Need a Boston Personal Injury Lawyer? (FindLaw)
- Proving Fault in Medical Malpractice Cases (FindLaw)
- Melvin Levine Dies One Day After Facing Medical Malpractice Lawsuit (FindLaw's Boston Personal Injury News)