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Steven F. Reilly Blog

Medical Malpractice

10/29/2008
Steve Reilly
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Medical Malpractice Forms & Consent Forms In Pennsylvania

During their initial consultations, a good number of our clients ask us if they have waived their rights because they signed a consent form before a procedure or operation.

To that we have to say loudly and clearly, NO. Although consent forms have you acknowledge that whatever medical procedure you might have comes with inherent risks and dangers, it does not give anyone permission to harm you, make unwise decisions, or act negligently while you are under their care.

Here's an example: if you go in to have a complicated heart surgery, the physician will have you sign a consent form that clearly states that you understand that even with the best doctors on earth, heart surgeries are dangerous and that some people will be injured or even not make it out. The consent form acts to protect the physician from getting sued by those who might claim that they did not realize that heart surgery came with inherent dangers even under the best conditions.

More simply, if you were to be injured during the operation not due to negligence, but due to the complexities of the surgery itself, you could not file a medical malpractice suit.

However, if a doctor or anesthesiologist acted in a negligent manner during the operation, you still have every right to file a medical malpractice suit - no matter what papers you signed beforehand. Negligence, especially in the arena of health care, is unacceptable under any circumstances.

Labels: surgery consent forms, medical malpractice Pennsylvania, medical malpractice suit, doctor negligence,