Consent forms may be used when a patient is subject to undergo a serious procedure, such as surgery. In cases of medical malpractice, consent forms have the ability to void responsibility of the physician or hospital.
If you or a loved one has suffered complications from a medical procedure, it could be important for a potential case to discuss the use of consent forms in Hudson Valley medical malpractice cases. A compassionate medical malpractice attorney could help build your case.
Consent Forms Effect on a Medical Malpractice Cases
An unavoidable complication of surgery is an instance where consent forms in Hudson Valley medical malpractice cases could protect the doctors and hospital from a potential medical malpractice suit.
When someone signs a consent form called the consent to surgery, all the possible outcomes may be disclosed on the consent form. By signing it, they acknowledge that they are aware that any adverse condition could occur.
Since the patient has acknowledged they understand the risks, the forms have the potential to affect the liability. If a complication was unavoidable, then there may be no way to prove medical malpractice, as the doctor could be shown to have not deviated from the standard of care.
Are Damages Prevented by Consent Forms in Medical Malpractice Cases?
When consenting to the procedure the patient acknowledges the known risks, therefore they could be deterred from filing a medical malpractice claim.
If the procedure could be proven to follow proper protocol, then there may be hard to build a medical malpractice case. If there was an accident stemming from incorrect medical procedures, that may qualify as out of the consent of the patient and warrant a case.
Circumstances That Void a Consent Form
If the injury or harm to the patient goes beyond the scope of the risks listed on the consent to surgery form, then the surgeon or other doctors could be sued for causing harm or injury to the patient. For example, a patient goes in for a repair of an Achilles tendon rupture and, as part of the procedure, the anesthesiologist gives an anesthetic.
Does a Consent Form Prevent a Claim of an Anesthesia Overdose?
Though the anesthesia is intended to numb and paralyze that part of the body so the patient has no feeling or sensation. If a person is given too much, it could travel up the spinal cord and go to the heart, preventing the heart from beating.
Although the patient has signed a consent acknowledging that there are various generic risks of anesthesia, they have not consented to an overdose of the anesthesia. The fact that the patient signed a consent form for anesthesia may not exonerate the anesthesiologist from any fault or wrongdoing.
Contacting a Hudson Valley Medical Malpractice Lawyer
Dealing with medical malpractice cases could be stressful, especially if may seem too complicated to file a suit due to a consent form. A driven medical malpractice attorney may know a suitable way to handle your case. Consult an attorney that has experience working with consent forms in Hudson Valley medical malpractice cases. Your seasoned attorney could pursue a positive outcome for you.