Does Signing a Medical Consent Form Affect a Birth Injury Claim?
When a person receives treatment from a doctor, they may be asked to sign a medical consent form by the hospital. This form states that the patient is aware of any risks or problems that may occur with a given medical procedure. However, these consent forms do not protect doctors from medical malpractice claims after causing a birth injury. Medical malpractice occurs when a patient isn’t treated properly due to the doctor taking action beyond the standard of care or failing to meet the appropriate standard of care. Consent forms only cover actions within the professionally established standard of care.
If you’re trying to provide the proper treatments and care for your child with cerebral palsy, we may be able to help you pursue financial compensation from the medical professional responsible for your child’s disability. To learn more about the details of this legal process and if you are eligible to file a claim, contact the cerebral palsy birth injury lawyers of the Driscoll Firm, today by calling (800) 900-7704.
What Does a Medical Consent Form Entail?
Medical consent forms are meant to provide a reasonable amount of legal protection from a patient suing a healthcare provider even when that physician or nurse didn’t make mistakes. These forms indicate the following:
- The patient understands what risks are associated with a given procedure
- The patient is willing to undergo the procedure
- The patient won’t sue for medical malpractice as long as the healthcare provider operates according to the basic standards of care and isn’t negligent in providing appropriate care
- If the healthcare provider doesn’t operate under these standards, they may be liable for whatever injuries they cause
Considering that most medical mistakes that lead to children developing cerebral palsy occur as a result of failing to follow the professional standards of care, the consent form won’t protect a healthcare provider.
Cerebral palsy is a very serious condition that may leave your family with considerable financial burdens due to the high cost of providing your child with the healthcare they need following a physician’s negligence. For a free consultation regarding how we may be able to assist you in the process of fighting for compensation to cover your child’s medical expenses, contact the cerebral palsy birth injury lawyers of the Driscoll Firm, at (800) 900-7704 today.