Consent: It comes in many flavors and applicable in almost every fashion of our lives.
However, when consent is used in a legal setting it carries far more implications than most individuals realize. In Medical Malpractice lawsuits, Informed Consent is often times an injured party’s first glaring question that needs to be carefully analyzed.
Generally speaking, Informed Consent in a Medical Malpractice setting is a patient’s authorization to certain specific medical procedures, which is given after a thorough explanation of potential foreseeable consequences, risks and benefits associated with a given medical procedure. Informed Consent must be obtained prior to a patient undergoing a given medical procedure.
Generally, the consent will be reduced to writing although much of the minute but important details, including the foreseeable consequences, risks and benefits, are discussed at length verbally with the patient. It is vital in every Medical Malpractice lawsuit that an attorney carefully analyzes the consent provided by the patient, in order to determine whether the patient truly consented to the procedures rendered. Failure to obtain Informed Consent may give rise to a Medical Malpractice claim.
No two cases are ever the same, but at Fente & Fente, we are always prepared to handle the complex issued presented in Medical Malpractice Lawsuits and to vet every plausible issue.
To further discuss any potential Medical Malpractice Lawsuit, please contact us for your free consultation.
