Regardless of how much experience you have diagnosing and treating a particular condition, your patients ultimately have the final say. In most cases, people have the right to choose their scope of care, and their providers must respect this right.
In order to make reasonable and relatively safe choices, though, patients must have some understanding of their options, as well as the advantages and potential side effects of each treatment modality. This is called informed consent, which is a legal concept that is often a point of contention in medical malpractice cases.
If you are being sued for lack of informed consent, it is essential to start planning your defense immediately. Turn to the medical malpractice defense attorneys at Lubell Rosen to determine the most strategic way to proceed.
By taking action right away, we can help you stay one step ahead of the opposing party. Call (954) 880-9500 to schedule a case evaluation with a medical malpractice defense lawyer.
Common Defenses Against Lack of Informed Consent
There are a few ways for physicians to defend against claims stemming from a lack of informed consent. The following evidence often plays a crucial role in these cases:
1. Witness Testimony
The doctor can testify that he or she did indeed inform the plaintiff of the procedure’s potential side effects and complications. If anyone else was in the room during the conversation, they can also testify regarding what they heard. This includes other healthcare providers and family members who may have sat in on the appointment at the patient’s request.
2. Statements from Experts
If the complications that arose were fairly common or well known, medical experts can state as much during the proceedings. This will strengthen the defendant’s case by proving that any reasonable patient should have already known about the possible side effects. For example, anyone who researches vasectomies for little more than 10 minutes will come across dozens of articles touting the importance of attending follow-up appointments because recanalization can occur.
3. Signed Consent Forms
Healthcare facilities should always have patients sign consent forms before conducting any kind of procedure, unless the situation is a life-threatening emergency. As long as these forms are fairly detailed and in simple terms that anyone can understand, they can serve as evidence when defending against claims involving lack of consent.
Call (954) 880-9500 to Speak with a Medical Malpractice Defense Attorney in Florida
If you are being sued for providing substandard care, turn to the tenacious medical malpractice defense lawyers at Lubell Rosen. Call (954) 880-9500 or Contact Us Online to schedule a consultation.
