Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
When a claimant contends that a medical care provider failed to supply adequate information to obtain informed consent, the claimant must prove that the treatment was rendered in other than an emergency situation and that the medical care provider did not supply that type of information as would customarily have been given to a patient by other medical care providers with similar training and experience at the time of the treatment. In determining whether the plaintiff has satisfied these requirements, the following matters shall also be considered: (1) whether a person of ordinary intelligence and awareness in a similar position could reasonably be expected to know of the risks or hazards inherent in such treatment; (2) whether the patient knew of the risks or hazard inherent in such treatment; (3) whether the injured party would have undergone the treatment regardless of the risk involved or whether he did not wish to be informed thereof; and (4) whether it was reasonable for the medical care provider to limit disclosure of information because such disclosure could be expected to adversely and substantially affect the injured person`s condition.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- What Happens If I Am Injured In The Course Of Medical Treatment?
- How Do I Know If My Injury Constitutes Medical Malpractice?
- Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- What Damages Can Be Recovered For Medical Malpractice?
- How Can I Determine How Much My Claim Is Worth?