One of the reasons that a New York City medical malpractice victim may believe that they have no leg to stand on after they were injured by a negligent doctor or medical professional is that they signed an informed consent form. Indeed, New York laws require doctors to provide informed consent to their patients prior to carrying out medical treatment, and failure to do so can have serious consequences. Under New York medical malpractice laws, “Lack of informed consent means the failure of the person providing the professional treatment or diagnosis to disclose to the patient such alternatives thereto and the reasonably foreseeable risks and benefits involved as a reasonable medical, dental or podiatric practitioner under similar circumstances would have disclosed, in a manner permitting the patient to make a knowledgeable evaluation.” Accordingly, doctors in New York City typically require their patients to sign an “informed consent” form prior to performing treatment or surgery.
Even if a New York City medical patient signs an informed consent form, they may still be injured by their trusted doctor, due to their doctor’s negligence. But can an injured medical patient overcome a consent form and still get compensation and justice in court? To help New York City medical malpractice victims understand that they may have rights to compensation, even if they signed a consent form, we discuss three ways to overcome informed consent in your medical malpractice case here.
#1. Your Doctor Breached the “Standard of Care”
The bottom line is that consent forms do not excuse a doctor’s medical malpractice. Signing an informed consent form is not the same as signing a waiver of liability, and negligent doctors who breach the standard of care in treating their patients may be held liable for their patients’ injuries and losses under New York medical malpractice laws. Accordingly, even if you signed an informed consent form, if you were injured by your doctor, you should speak to an experienced New York City medical malpractice lawyer.
#2. Your Doctor Went Beyond the Scope of the Consent Form
If you signed an informed consent form, and your doctor exceeded that consent, you may have a case for compensation under New York medical malpractice laws. Typically, New York City doctors are only authorized to perform treatments and surgeries as agreed upon in the consent form, and providing treatment beyond this can give rise to liability under New York medical malpractice laws.
#3. Your Doctor Did Not Actually Obtain Informed Consent from You
If your doctor failed to actually inform you of the ins-and-outs of the procedure or surgery, the potential risks that may arise, and the alternatives that are available, if any, and you were seriously injured, you may have a case for compensation under New York medical malpractice laws. Doctors in New York City must not only obtain informed consent from their patients, but they must obtain proper informed consent under New York laws.
Getting Legal Help in New York City – New York City Medical Malpractice Lawyer
In sum, there are a number of ways that a New York City medical malpractice victim may be able to overcome a consent form in their medical malpractice case. If you were injured by your doctor in New York City and you need legal help, contact the experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. The experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. can review your case to see if they can fight for you. Contact the law firm of Michael Gunzburg, P.C. today and speak to a lawyer about your case now.