If you received substandard medical care that left you with injuries or otherwise compromised your health, you can file a medical malpractice claim even if you signed a consent form.
The consent form gives you the information you need to make a well-informed decision about medical procedures. It does not indemnify a medical professional from responsibility if you suffer injuries due to inappropriate care. Our Columbus medical malpractice lawyers can help you with your claim.
You Are Entitled to Informed Consent and Full Disclosure Before a Medical Procedure
As a patient, you should be aware of all the risks involved in any medical procedure you undergo. This right is codified in many states’ laws. For instance, Ohio Revised Statutes 2317.54(A), informed consent is your permission to undergo treatment or surgery, including notification of its known risks or hazards. Informed consent in writing should include:
- Your name
- Your physician’s name
- Known risks
- Your diagnosis
- Your treatment plan
- Risks and benefits
Your healthcare provider should make the procedure clear, including describing it in detail so that you can make an informed decision. This same information should be provided in writing. The only exception is in emergency situations where your health is in immediate jeopardy.
Informed Consent Does Not Bar You From Filing a Medical Malpractice Claim
You are entitled to treatment that meets the acceptable standard of care in emergency and non-emergency situations. If you undergo a procedure that you signed off on and it causes injuries or damages your health, you could still have a valid claim.
Even if you signed a consent form, you may have a medical malpractice claim, and our lawyers can still prove the four elements of medical malpractice that entitle you to financial compensation. They are:
- The healthcare professional owed you a duty of professional care
- The care you received breached the acceptable standard of care
- The healthcare provider’s breach directly harmed or injured you
- You suffered financial and physical consequences caused by the breach of duty
The lawyer handling your case will collect evidence that proves these elements and build a strong case file that supports the validity of your injury claim.
Evidence That Supports Your Medical Malpractice Claim
Like all personal injury cases, medical malpractice claims are usually settled without going to court. We can find evidence to strengthen your case and fight hard to hold the negligent party accountable. Your case file should include:
- Medical records that document your healthcare history
- Proof of the state of your health prior to your injury
- A copy of the informed consent document you signed
- Prognosis and expert opinions on required restorative care
- Photos and video footage, if warranted and available
- Statements and testimonials from lay and expert witnesses
Our medical malpractice attorneys can compile evidence and build your case file. We can also represent you at the negotiation table with the strength of your accumulated evidence.
Your Medical Malpractice Case Needs an Affidavit of Merit
Depending on where you live, your allegation alone may not be enough to prove your case has merit. According to Ohio Revised Code Section 2323.451, for example, your lawsuit must be accompanied by an Affidavit of Merit that establishes your case’s validity.
Our medical malpractice law firm can obtain this important document for you. We can identify and speak to a qualified medical expert who provides a written statement in support of your case.
Financial Compensation Our Lawyers Can Seek for Victims of Medical Malpractice
Recovering from a setback to your health can require extensive medical care. While your medical bills are unexpectedly increasing, your income may come to a halt. When you pursue damages from the at-fault party, those damages might include:
- Past, present, and future medical expenses
- Past, present, and future losses of income
- Disfiguring and disabling physical injuries
- Physical and emotional pain and suffering
Every injury claim is unique, and yours will have a unique monetary value. Our lawyers can collect the bills and receipts that document the value of your injury claim. We can also collect evidence that proves the cause of that injury.
Wrongful Death Damages in Cases of Medical Negligence
The unexpected loss of a loved one can be emotionally devastating. It can also have a profound financial impact. While nothing can make up for the loss your family experienced, you can recover the following types of damages:
- Funeral and burial expenses
- Loss of your loved one’s income
- Loss of their household input
- Loss of consortium and guidance
- Loss of companionship and care
Focus on taking care of your family. While you do, our legal team can help you recover the compensation you need. We also make sure that everyone in your family who is entitled to file a wrongful death action can do so within the allotted time.
Do Not Wait to Start Pursuing Medical Malpractice Compensation
It can take time to prepare a medical malpractice claim. It can also take time to discover a medical injury, so the sooner you get our lawyers involved in your case, the better. With early intervention, our legal team can:
- Speak to witnesses while their memories are fresh
- Request access to hospital records, photos, and video
- Identify and consult medical experts and specialists
A delay in filing your medical malpractice case could also mean delaying your financial compensation. This could compel you to forego the treatment you need to achieve the best possible physical recovery, which could worsen your health. Our law firm can help you avoid both potentially costly delays.
Contact Our Medical Malpractice Legal Team Today
If you or someone you love was injured or your health was compromised, by a medical error, we can help you file a medical malpractice claim even if you signed a consent form. Our legal team can consult medical experts, document your injuries, deal with all legal and insurance matters, and fight hard to recover financial damages for you.
Let our law firm guide you through a potentially complex case. Contact our consultation team at The Fitch Law Firm LLC to start fighting for your financial recovery now. You can get started with a free consultation and get legal representation at no upfront cost.