When you put your trust in a medical professional, you are truly putting your health in their hands. Most of the time, doctors and nurses go above and beyond to care for their patients. But sometimes, even one negligent act by a medical professional can leave you with permanent or severe injuries. Medical malpractice is a very serious issue that may occur more often than you think. Studies show that 31% of physicians have been sued at some point during their career. Of course, not all of these claims were legitimate, but some likely came from true medical malpractice cases. To file a medical malpractice case, we encourage you to contact a malpractice attorney like those at Shaevitz & Shaevitz! We will guide you through the legal process, break down how informed consent affects your case, and determine whether or not you have a legitimate claim.
What Is Informed Consent?
Informed consent is the discussion a doctor has with a patient before performing a procedure.
During this talk, the doctor will explain the possible risks, complications, and consequences of the procedure. The purpose of the conversation is to ensure you are aware of the risks before you go through with the treatment.
Prior to beginning the procedure, your doctor will likely have you sign a form outlining informed consent. This form acknowledges that you know the risks, and is typically a necessary step before beginning your treatment.
Does Informed Consent Affect a Medical Malpractice Case?
While informed consent does help protect doctors, it does not absolve them from their negligent acts. These forms intend to clarify that you understand the potential risks and complications of a procedure.
However, if a medical professional behaves negligently, causing a permanent or severe injury, then they may be liable.
Negligence is the failure to act with the level of care that a reasonable person would under the same conditions. This means that if your doctor was careless or reckless in a way other doctors wouldn’t be in the same situation, they are at fault for any injury that the act causes!
Simply signing an informed consent form does not absolve a medical professional from medical malpractice cases, as long as their negligent act was the direct cause of your injury.
How a Medical Malpractice Attorney Takes on Your Case
A medical malpractice attorney like those at Shaevitz & Shaevitz is there to guide you through the legal process.
It begins with a free consultation, during which we will help determine whether you have a case. After listening to your situation and conducting some preliminary research, we will evaluate if you have a viable claim.
Then, we’ll need to build your case to represent your interests! Building a case involves collecting evidence, medical records, and even witness statements. Any information we gather that demonstrates your doctor’s negligence and how it directly resulted in your injuries is crucial.
The most common medical malpractice injuries we see include:
- Lesiones de nacimiento
- Misdiagnosis
- Late diagnosis
- Surgical errors
Of course, there are cases in which these injuries occur without fault, but it is our job to determine who, if anyone, is to blame.
As your medical malpractice attorneys, Shaevitz & Shaevitz use our considerable knowledge and resources to investigate your case. We will identify any and all responsible parties, pursue legal action against medical providers, and negotiate with insurance companies. By building your case and representing your interests, we aim to provide a fair settlement that covers your expenses and accounts for your pain and suffering.
If the insurance company refuses to come to a fair settlement, we are ready to litigate in court.
Find a Medical Malpractice Attorney You Can Trust in Queens, NY
Medical professionals are there to save and improve lives. But when a professional acts negligently, resulting in a severe injury, you may be entitled to compensation. As a medical malpractice attorney, your lawyer will collect evidence, prove negligence, and represent you in court or at a settlement. If you’ve been injured due to a doctor’s negligence, don’t try to handle it on your own. Concierte una consulta gratuita at Shaevitz & Shaevitz to learn what your case is worth.
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