Even if you signed a consent form, you can still sue for medical malpractice in Florida. However, you must be able to prove that the healthcare provider acted negligently or did not meet the standard of care. Proof could include medical records and expert testimony from other healthcare professionals.
To find out if you have a viable case, contact our Florida medical malpractice attorneys. We will review the information in the consent form and determine the best steps forward.
A medical consent form outlines the nature of a procedure, including the risks involved. Typically, patients must sign this form before the procedure can take place. This protects both parties if something goes wrong with the procedure or unexpected complications occur. However, the benefits are often skewed toward protecting the medical facility and its workers.
Some exceptions exist that allow the patient to pursue a medical malpractice claim. This includes cases in which the healthcare provider committed gross negligence. In other words, they worked far outside of accepted standards of care.
Gross negligence also applies to cases where the healthcare provider deliberately concealed information from the patient. Examples of concealed information might include potential risks or outcomes associated with the medical procedure.
Standard of care refers to the accepted level of treatment that healthcare providers must adhere to when providing medical care. If a healthcare provider fails to meet this standard, they may be liable for any harm or injury caused.
Here are some examples of the ways healthcare providers could breach the standard of care:
Sometimes, a healthcare provider may ask you to sign a waiver of liability or consent form before providing medical care. These forms can limit your legal rights in the event something goes wrong. While they are legally binding documents, it is essential to remember that these waivers do not always absolve the healthcare provider from negligence.
Even if you signed a consent form, you may still be able to pursue legal action if the healthcare provider acted negligently or breached the standard of care. Our experienced attorney can review your case and determine whether this exception applies to you.
If you signed a consent form and believe your medical injuries resulted from negligence, seek legal representation as soon as possible. The sooner you get started, the easier it is to collect and preserve evidence needed to support your case.
Medical consent forms are not always enforceable in a court of law. Sometimes, the patient may have filled out the form incorrectly, or the form contains confusing and unclear language. The patient may also not have received adequate time to understand what they were signing.
A medical malpractice attorney can review the content of your consent form and determine whether it is enforceable. You may still have a legitimate medical malpractice claim even if the form is enforceable.
Note that contracts cannot force you to sign away your civil rights. Consequently, while consent forms may protect against expected medical complications or even some common errors, they do not protect medical facilities or healthcare workers against the consequences of their gross negligence.
Filing a claim can feel challenging and even intimidating. However, with the proper support and guidance, you can pursue justice for harm or injury suffered due to subpar medical treatment. Here are some steps you should take if you wish to file a claim:
If you suffered harm caused by negligent medical practices in Florida, our experienced attorney can help. At Kogan & DiSalvo, we understand the complexities of medical malpractice law and will work hard to ensure that justice is served.
We provide free consultations so that you can get a risk-free review of your case. We work closely with you to explore your options before making any decisions. Contact us today to learn how we can help you with your medical malpractice case.