You and your loved ones should be able to trust members of the medical field to offer standardized and compassionate care. Unfortunately, some medical professionals do not provide the standard of care that they owe their patients, which can result in severe injuries. Medical malpractice cases are typical negligence cases where there is a duty of care owed and a breach of that duty. The field of medicine holds a reasonable standard of care that physicians or medical entities must give to patients, and a violation of that standard of care creates liability in Florida medical malpractice cases. If you or a loved one has suffered due to the negligence of a medical professional, reach out to a seasoned medical malpractice lawyer.

Impact of Consent Forms on Liability

Many patients are asked to sign a consent form before undergoing an operation. A consent form explains the risks and benefits of the procedure. It is crucial for individuals to understand that consent forms can certainly impact liability in Florida medical malpractice cases. In a medical malpractice case, an attorney will examine the circumstances surrounding the signing of one. For instance, when a consent form is signed before a patient is taken into an operating room, a dedicated lawyer will look critically at what exactly the form told the patient as well as how much time the individual had to read it. A lawyer could help determine whether there was a conversation between a patient and their physician about the known risks or complications of a procedure.

A consent form alone is not enough to relinquish liability. There are some cases where a signed consent form does not excuse a physician from an egregious or negligent act that harmed a patient. Although some information is covered in a consent form, not all relevant information may be explained.

Damages Beyond Reasonable Expectations

Someone who consents to a procedure and acknowledges the associated risks is not necessarily prevented from filing a claim. An experienced attorney could investigate the case and determine whether the medical professional was negligent or not. Therefore, if a patient signs an informed consent release and a listed complication occurs, they still may be able to file a claim.

A medical professional can be held liable in court if they do something egregious or reckless that is not covered by any consent form or supported by case law. Medical professionals must provide their patients with a reasonable standard of care under circumstances which allow it, and a violation often goes beyond known risks or complications of any given procedure. A seasoned lawyer can look at the totality of circumstances to determine whether there is a valid medical malpractice case.

Call an Attorney to Help Establish Liability in Florida Medical Malpractice Cases

Several things can make determining liability complicated in medical malpractice cases, such as how infrequently they occur. Many attorneys could be ill-equipped to pursue compensation in medical malpractice lawsuits as a result of their rarity, so you should seek guidance from an accomplished lawyer. If you or a loved one was injured at the hands of a trusted medical professional, you should enlist the help of an experienced lawyer. For assistance with establishing liability in Florida medical malpractice cases, contact an attorney today.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260