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