Poor outcomes can occur in a medical setting but that does not always mean a doctor, surgeon, nurse, or other professional made a critical error. Liability in medical malpractice claims can be complicated, but Kopfler & Hermann has professionals who could advise you on your next move. Schedule a consultation with a trained medical malpractice attorney.
The medical records and the medical event that caused injury must be evaluated from the standpoint of whether there was a deviation from the standard of care expected of the health care facility or provider. That can be done through the use of expert witnesses.
Once we get a finding from the medical records that a harmful event occurred, then we focus on finding proof of medical negligence, which is usually done with an expert witness. If the claimant is naming a professional with a specific specialty (such as an orthopedic surgeon, neurosurgeon, or infectious disease doctor) as the liable party, the attorney must obtain an expert witness to support the claim that the health care provider did not exercise the standard of care expected of that particular professional.
Consent forms are typically required by healthcare providers and facilities when a procedure is taking place, commonly with surgery or anesthesia. The provider is required to explain to the patient the risks that may occur, so they can make an informed decision about whether they want to undergo the procedure or not.
The informed consent form may have warned about the exact event that has now caused harm, but that does not mean a patient cannot bring a claim for medical negligence. An informed consent form does not release the health care provider from negligence. It merely explains the risks that may occur. There may be adverse events that occur during medical procedures even though the provider is handling the matter in a professional manner, but that does not excuse them if they deviate from the standard of care.
The science of medicine is complicated, and if someone has truly been harmed due to medical negligence, it is part of the lawyer’s job to make the science of medicine seem simple when presenting a matter to a jury. It is better if the medical record reflects what occurred, as opposed to an undocumented event that will make it a lot more complicated.
If a patient wants to claim that they would not have had the procedure if they would have been advised properly, then they will have a high hill to climb if they signed a consent form. A healthcare provider who cares for their patients should not present the informed consent when the patient is getting ready to go under anesthesia, but should explain the risks of a procedure ahead of time so they can decide whether they want to undergo it or not.
This is particularly true in elective procedures as opposed to emergency procedures. There are some real good health care providers who will even give a test on the informed consent risks so the patient can affirmatively answer that they understand the risk and want to go forward with the procedure nonetheless.
Liability can be extremely difficult to determine in a medical malpractice case. Speak with our personal injury attorneys and learn how we could help you develop a potential case.
