I signed a consent form prior to my procedure. Can I still recover damages in a medical malpractice claim?

A medical consent form generally includes information about a procedure the patient intends to undergo. Most consent forms include certain common elements like:

• Your condition
• Aspects of the treatment, including its name and scope
• Potential benefits and risks of the procedure

Physicians use consent forms to ensure that patients understand their treatment and its associated risks.

Generally, invasive procedures require informed consent. Invasive procedures include:

• Surgery
• Blood transfusions
• Chemotherapy
• Vaccinations
• Some blood tests

Physicians or nurses may give patients a consent form for aesthetic treatments like laser procedures or cryolipolysis too.

Anytime a procedure has the potential to alter the patient’s current state significantly, a consent form is usually necessary.

Medical malpractice is a complex area of the law. It can be difficult to prove medical malpractice, especially when the patient has an altered mental or physical state. Serious medical procedures like surgery may involve general anesthesia, so the patient may be unable to attest to the physician or nurse’s activities during the treatment.

Generally, to prove medical malpractice, you must be able to show the following:

• You were a patient of the treating doctor
• The doctor failed to perform the procedure per standard protocols
• The medical procedure left you with new injuries directly caused by the treatment

A medical malpractice lawyer can determine where the physician, nurse, or facility acted with negligence that led to your injuries.

If you believe you have a medical malpractice claim, it’s best to seek the advice of a medical malpractice lawyer. You’ll need to assemble all of your evidence, including the medical consent form, documentation of your injuries, and other details.

Ask for copies of all of your medical records from physicians you visited before and after your treatment. Your lawyer can compare your records to determine the difference in your health before and after the procedure.

You may receive compensation from a medical malpractice case through a settlement or court verdict. Most personal injury cases, including medical malpractice, resolve through settlement. Damages you may receive include compensation for:

• Costs of past and future medical care
• Lost wages or future income, if you can’t work as a result of your injuries
• Disability or disfigurement
• Mental pain and anguish

If your case goes to trial, a judge may also award punitive damages. Courts award punitive damages if a defendant’s actions are particularly egregious or negligent. With punitive damages, the court aims to deter other individuals from acting in a similar negligent manner.

All states have a statute of limitations that regulate the time a victim has to file a personal injury lawsuit. Each state has different time limits, typically two to three years. If you suffer injuries from a medical procedure, starting your claim as soon as possible is best.

Your attorney will need time to assemble the evidence of your case and devise an appropriate strategy. If you fail to file your case in time, a court will likely dismiss it.

Yes. A medical consent form does not give your physician the right to avoid liability if their actions were negligent. Because medical malpractice claims are complex, it’s best to seek the assistance of a qualified attorney. Don’t attempt to handle the case on your own.

Avoid giving written or spoken statements about your incident to anyone, including the physician, their team, or insurance agencies. Instead, speak with a medical malpractice lawyer at Morgan & Morgan. Your attorney will handle any communication with the doctor or their insurance agency.

Attorneys at Morgan & Morgan have extensive experience in medical malpractice claims. Contact us to schedule a free case evaluation if you have injuries from a recent medical procedure.