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Can I Still File a Medical Malpractice Case if I signed a Consent Form?

Oct 3, 2019 Brown Moore & Associates

When you or a loved one need to have a medical procedure completed, you will be asked to give your informed consent. Generally, this involves you acknowledging that you know there are risks associated with what is going to happen. However, the Charlotte medical malpractice attorneys at Brown, Moore & Associates, PLLC want you to know that signing a consent form does not mean negligent healthcare providers are off the hook if an injury occurs. Let us get to work on your case today.

What signing a consent form means

Just because you sign a piece of paper consenting to surgery or other medical procedure does not mean that the medical profession upheld their duties. Before a person (or their guardian) can consent to a procedure, they must give their informed consent. Informed consent can only happen if the doctor or surgeon, and not someone acting on their behalf, review the following with you:

  • Your diagnosis
  • The recommended treatment and procedure for the diagnosis
  • All probable risks and the benefits of the treatment plan
  • The risks of not receiving the procedure
  • Viable alternatives to the procedure, along with those risks and benefits

Only then can a patient give their informed consent to a procedure. However, this does not mean that a doctor or surgeon cannot be held responsible for mistakes. If an error is made due to the negligent or willful actions of a healthcare provider, they can still be held responsible for injuries and illnesses that occur to patients. While there are risks associated with any surgery or other procedure, there are still things that absolutely should not occur. This can include:

  • Objects being left inside of a person after a surgical procedure.
  • Having the wrong surgery performed or the wrong body part operated on.
  • Failure to order proper testing or failure to obtain a person’s full medical history before giving a diagnosis.
  • Failing to follow proper infection control procedures before, during, and after a procedure.

Most people do not realize that medical mistakes are the third leading cause of death in the US. Johns Hopkins researchers say that as many as 250,000 people are killed each year, and millions more are injured due to medical mistakes.

Let us get to work on your behalf

You should never have to worry about being harmed due to the careless or negligent actions of a healthcare provider. However, the knowledgeable and experienced team at Brown, Moore & Associates, PLLC is ready to help. We will get to the bottom of what happened so we can secure coverage for:

  • All medical expenses related to the incident
  • Your lost income and benefits if you cannot work
  • Pain and suffering damages
  • Loss of enjoyment of life damages

We will work to secure punitive damages if the provider was grossly negligent. When you need a Charlotte medical malpractice attorney, you can contact us for a free consultation by clicking here or calling us at 704-335-1500.