Personal Injury Lawyer
Every time a patient undergoes surgery, there’s a risk of something not going as planned. For this reason, doctors often have patients sign consent forms. You might believe that signing one of these documents prevents you from suing for malpractice. The reality is that you still have the right to litigate, although it may be more difficult. As a personal injury lawyer explains, here is a fast guide to consent forms and how they relate to medical malpractice lawsuits.
Contents of Surgical Consent Forms
These documents vary depending on numerous factors, particularly the nature of the procedure. Typically, they contain details regarding the patient’s pre-existing conditions, and what is to happen during surgery, as well as the risks and side effects that may result. In addition to providing doctors with a layer of legal protection, consent forms are a useful tool for informing patients regarding what they may expect.
Suing Despite Signing a Surgical Consent Form
Although consent forms provide proof that patients were debriefed before their procedure, they do not protect doctors that act inappropriately. Consent forms are not bullet-proof legal shields. There are many types of medical negligence they do not excuse. Misdiagnosis of a patient’s condition is not protected, nor is a mistake in prescribed medication. Likewise, gross negligence is never acceptable. Surgeons who behave carelessly are particularly vulnerable to litigation.
Winning in Court Despite Signing a Surgical Consent Form
Essential to triumphing in any medical malpractice lawsuit is proving that wrongdoing occurred. Before undergoing surgery, save every piece of instruction from your doctor; if treatment goes wrong, these records will become evidence. Scour your doctor’s social media if you believe that your condition was the result of medical misbehavior. Difficult though it may be to believe, surgeons have been known to upload their impropriety for the world to see. Save these images before your surgeon realizes his or her mistake and deletes them.
A medical malpractice lawyer, similar to the team at Therman Law Offices, LTD, can be a great resource for gathering evidence of misconduct and compiling it in a manner that will have the maximum impact. They may be able to uncover evidence that you had not had access to before. Doctors and medical facilities may attempt to destroy or alter evidence so that they can avoid liability for an accident or mistake. A lawyer can protect the patient’s well being from further harm and ensure they get proper medical attention to correct what the first doctor had failed to do.
Once you’ve collected proof that you’ve been wronged, consider taking your findings to a lawyer who is experienced with these cases. This move is the best one you can take to improve your odds of a favorable outcome. Patients who’ve been hurt as a result of medical malpractice deserve restitution, even when a preoperative consent form was signed. There are many ways that patients can become victims at the hands of medical professionals, and there is legal recourse for those wanting to seek justice and financial compensation.