A doctor has a responsibility to inform you of any risks to medical treatment and get your consent to the procedure.
Failure to do that and you can sue – with at least a chance of winning. But only a chance. Medical malpractice cases are considered the most difficult of all personal injury cases to win.
Let me tell you of two Alabama cases:
- A doctor entered into evidence forms that the patient signed stating the patient had been informed. The patient said she was not informed. The court took the papers at face value and dismissed the case.
- In another, the doctor presented a form, signed by the patient, that stated he could perform any procedure he saw necessary during the operation. In fact, he removed part of a misshaped but working kidney which he thought was a tumor. The court ruled that the case against him could go on despite the forms.
I tell you these to show that different facts can create different results.
Here are some tough questions the court may consider concerning the use of medical consent forms:
- Would a person in the same situation, who was fully informed, decline the procedure?
- Would a doctor in a similar situation inform the patient of other risks or present different medical options?
- Is there any real harm done to the patient?
If you are considering suing a doctor, it has been my experience that the law tends to favor the medical provider unless the mistake is particularly severe. It is always a tough fight.
If you suffer a personal injury or have trouble with your insurance company, you can talk to us at the Law Firm of Eiland and Ritchie for free. We want to help you get back on your feet.
Also join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30 right after the news. We will take your calls live.
Alabama personal injury lawyer