Understanding Informed Consent in a Medical Malpractice Claim

Описание: In this Legal Minute Video (www.twwlawfirm.com/legal-minute-videos), TWWHB partner, Scott Barnes, will talk about a problem we see often in medical malpractice cases. That is, clients who hesitate to contact us because they believe they signed papers before their medical procedure that may have waived their legal claim. Forms like this are often referred to as “informed consent.” However, often the way the form was provided to you was insufficient or the procedure itself—and its pros, cons, alternatives, need, etc.—was not discussed with you properly. You should let an experienced medical malpractice attorney make the determination of whether you actually provided legally sufficient “informed consent” before you give up on your rights to your med-mal claim.

Scott (www.twwlawfirm.com/scott-c-barnes) has helped numerous clients who have suffered from medical malpractice—even those who signed some form of informed consent—recover the compensation they deserve. We have included the complete script from Scott’s video below. If you or someone you know has suffered injury as the result of medical care, contact one of our experienced personal injury attorneys for a free, no-cost, no-obligation consultation to discuss your potential med-mal case and learn your rights.

QUESTION:
Should you I pursue my medical malpractice claim even though I signed a form granting consent?

ANSWER by TWWHB Partner, Scott Barnes:
So a lot of times when I’m talking with a potential medical malpractice client, they’re very concerned about—a number of things—but one thing they frequently bring up is paper. And, by that, I mean they know before they had the procedure or the medical care that we’re going to claim was negligent they know that they may have signed some forms but candidly they really didn’t have an opportunity to read them or go over them, but they’re fearful that they may have signed something.

I just want to say that we don’t want that to in any way cause hesitation to call us to discuss with us your potential medical malpractice claim. Understand that in Florida, before a procedure is going to be done a doctor or a medical facility has to provide proper “informed consent.” And informed consent is not just giving you a piece of paper and saying “sign it right here” and then taking it away. There needs to be a discussion about the risks of the procedure, the alternatives of the procedure, and the plan for your procedure and how it applies and factors into your overall health picture.