When undergoing any medical procedure, one of the most important things you can do is sign your consent form. In doing so, you are acknowledging that the procedure may come with certain risks. However, acknowledging those risks do not protect negligent doctors. If you have been injured by a negligent doctor, you should contact a compassionate malpractice attorney. A qualified lawyer can explain more about consent forms in Toledo medical malpractice cases, and how your consent form may impact your malpractice case. Consult an attorney and know that you are in capable hands.
Importance of Consent Forms in Medical Malpractice Cases
Consent forms in Toledo medical malpractice cases do not necessarily make the at-fault party less culpable. In most medical procedures like surgery, the consent form is where the doctor warns a person in writing of all of the possible risks of the procedure. It is typically going to be written in such a manner that tries to protect the doctor and mentions all of the potentially horrible things that can happen to the patient. Signing that document does not eliminate the medical malpractice case, but it shows warning of potential harm. The consent form gives some protection to the doctor, but it is an absolute bar to the medical malpractice case if it can still be shown as a departure from a standard of care.
Impact of Consent Form On a Person’s Ability to File a Claim
Consent forms in Toledo medical malpractice cases do not bar individuals from filing claims. Just because an individual has consented to a procedure, that does not mean they are not allowed to file a claim. Warning of a potential danger does not eliminate the potential medical malpractice claim.
The standard is a departure from the standard of care. The doctor or the hospital cannot eliminate the standard of care through a consent form, but they still have to be the standard of care. All they have done is allow them to show they have permission to perform the procedure and that the patient was warned of potential risks as a result of the surgery or the procedure.
The circumstances under which a doctor could be held liable would still be the standard of care for that particular procedure by the doctor was not death. That is done by hiring independent, board-certified, expert witness that can discuss the standard of care and the violation of the standard of care. They are warning of a potential risk that shows knowledge to the patient of the potential risk. It does not abolish the doctor from the duty of care of giving the basic medical standard in that community.
How Negligence Can Be Attributed to the Patient
A person would look at the consent form. If it mentioned the risk to the patient, then it is safe to assume that the patient was aware of the risk.
If it indicated various symptoms to watch for after the procedure or told the patient to not do certain things, like driving, or not using certain machinery, and they disobeyed the doctor’s instructions, then that knowledge could be applied to them.
It could be proven by either a direct witness who saw the behavior of the patient or by records showing the patient had subsequent medical treatment.
When it comes to consent forms in Toledo medical malpractice cases, people should always make sure that they have looked over everything carefully, and that they have done everything within their power to follow the doctor’s orders.