Do I Have a Medical Malpractice Case if I Signed a Consent Form?

You could have a medical malpractice case even if you signed a consent form. Signing a consent form does not always mean you have provided informed consent or given up your right to sue for medical malpractice. Thus, you may still have grounds for a medical malpractice lawsuit. 

Meet with a medical malpractice lawyer in New York to determine if you have a valid case. Serving as your legal advocate, your lawyer will handle your civil litigation. They can gather evidence to prove that you should be awarded damages in spite of the fact that you previously gave your consent for treatment. 

When Do I Have a Medical Malpractice Case if I Signed a Consent Form?

There are many instances in which you can sue for medical malpractice after you sign a consent form. A lawyer can explain what you need to begin a medical malpractice case if you have already consented to treatment. Here are situations where you can file a lawsuit following your decision to consent. 

You Were Not Given Sufficient Information Before You Signed a Consent Form. 

A consent form can contain medical jargon or not enough information to allow you to make an informed decision about treatment. Regardless, you signed the form because you believed you knew what doing so entailed. Your lawyer could show a medical provider did not obtain informed consent properly and, as such, the form you signed is invalid. 

You Were the Victim of a Doctor’s Negligence. 

Signing a consent form means a doctor may not be liable if you get hurt based on the known risks associated with your treatment. Conversely, this does not let a doctor off the hook for negligence. If a doctor is careless or reckless and causes you to get hurt and incur damages, they are negligent, and you can sue them for damages. 

There Was a Deviation from a Standard of Care. 

A medical professional is expected to administer treatment in alignment with a standard of care. However, they ignore this standard to the point where their actions hurt you. If this happens, you can request damages as part of a medical malpractice lawsuit. 

Following any of these situations, consult with a lawyer who has medical malpractice case experience. They can explain what the most common medical malpractice claims are. Your attorney can determine if you have a malpractice case after you signed a consent form and if now is the right time to file a lawsuit. 

How Do I Determine if I Have a Medical Malpractice Case if I Completed a Consent Form?

Discuss your case with a medical malpractice lawyer. Next, your attorney can evaluate the facts of your case and let you know if you have a medical malpractice claim. If your case is legitimate, your lawyer will assist you with your legal matters, including:

Calculating Your Damages

You can ask for economic and non-economic damages. A judge or jury will award these for your medical bills, pain and suffering, and other losses. Your lawyer examines your losses in detail, making sure you request fair compensation. 

Filing Your Lawsuit

According to New York Civil Practice Law and Rules (CPLR) § 214-A, the statute of limitations for a medical malpractice lawsuit is two years and six months. This window opens the last day of malpractice or treatment by an at-fault party. Your attorney will submit your lawsuit promptly.

Gathering Proof

Saying you deserve damages from liable parties is insufficient. Fortunately, your lawyer collects medical records, witness statements, and other proof to help you validate your claims against any liable parties. If you have an abundance of evidence, it will be clear to a judge or jury why you deserve maximum damages. 

Negotiating a Settlement

The defendant in your lawsuit can propose a settlement before your case goes to trial. Your lawyer will tell you if the defendant offers a settlement and help you weigh its pros and cons. They can advise you on how to respond to a settlement, and you have the final say on whether to approve it. 

Protecting Your Legal Rights

The legal process can be overwhelming. Your lawyer prioritizes your best interests throughout your litigation. They keep you updated at each stage of your litigation and help you make informed decisions every step of the way. 

Partner with a lawyer who will give your medical malpractice case the attention it deserves. Your attorney will walk you through the steps if you sign a consent form and want to file a malpractice lawsuit. They will address your legal questions and do everything within their power to help you secure damages.

Hire the Preeminent Law Firm for All Civil Litigation to Represent You in Your Medical Malpractice Case

You are unsure about whether you have a medical malpractice case since you signed a consent form. Share your legal concerns with a medical malpractice lawyer. From here, your attorney can explain your legal options and help you decide what to do.

Morelli Law Firm has recovered over $1 billion in damages for our clients in personal injury lawsuits. While some law firms fear the courtroom, we live for it. Schedule a case consultation with our medical malpractice lawyers.