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  4. ¿Puedo presentar una demanda si firmé un consentimiento médico antes de la intervención?

¿Puedo presentar una demanda si firmé un consentimiento médico antes de la intervención?

Respuesta

Yes you can, as a medical malpractice lawyer I often come across clients who’re unsure about their legal options because they signed a medical consent form prior to undergoing a procedure. There is a misconception that signing such a form automatically relinquishes your right to file a lawsuit in cases of malpractice. Lets explore this matter to provide some clarity.

Getting Familiar with Medical Consent Forms

First and foremost it’s essential to understand what a medical consent form entails. This document typically acknowledges that you have been duly informed about the procedure, including its benefits, risks and available alternatives. It is a part of medical practice designed to ensure patients can make informed decisions, about their healthcare.

Consent Forms Don’t Eliminate All Rights

Signing a consent form does not mean you forfeit your right to seek recourse if there is negligence or wrongdoing involved in your treatment. Here’s why.

Informed Consent: The form should contain accurate information regarding the procedure. If the information provided was incomplete or misleading it could potentially invalidate the consent from a standpoint.

Negligence and Standard of Care: If the healthcare provider fails to meet the standard of care which leads to harm you may still have grounds, for a lawsuit. This includes mistakes during the procedure, incorrect treatment or surgical malpractice.

Exceptions and Considerations

However there are exceptions and factors to consider.

Known Risks: If the complication you experienced was already disclosed as a known risk in the consent form and if the procedure was performed correctly it might be difficult to pursue a case.

Separation of Consent and Negligence: The consent form covers the risks associated with the procedure. Does not address negligence. Any harm caused by negligence or substandard care is treated as a matter.

The Role of Medical Malpractice Attorneys

In my role as your medical malpractice attorney I will thoroughly examine all aspects of your case including reviewing the consent form to determine whether you have a claim.

This involves:

Assessing the Consent Process: We will evaluate whether your consent was truly informed and if all necessary information was provided.

Investigating the Standard of Care: We will examine whether there was any deviation, from the accepted standard of care and whether this deviation caused harm.

In summary it’s important to note that signing a medical consent form does not automatically prevent you from pursuing a medical malpractice lawsuit. If you believe that you have suffered harm as a result of negligence even if you’ve signed a consent form it is imperative to seek guidance.

Consult with an Expert, in Law

If you find yourself in a situation where you’ve signed a consent form but have experienced complications or harm that you believe are the result of negligence don’t hesitate to seek advice through a consultation. As a lawyer specializing in malpractice cases I can provide the necessary assistance, in understanding your legal rights and exploring your available options.

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