You may still have the grounds to file a medical malpractice lawsuit, however, there is some important information to consider before assuming you can or cannot take legal recourse against a physician after a medical error has been made.
In most cases when you are admitted into the hospital or another health care facility to have a medical procedure performed, a physician will likely require you to sign a patient consent, or informed consent form that highlights the possible risks associated with having it done. When you sign this form, the American Cancer Society states that you are acknowledging that:
- You have been informed on the benefits of having the treatment rendered.
- You understand the risks and benefits of pursuing other options, including not getting treatment.
- You have had the chance to ask your physician questions and get them answered to your satisfaction.
- You have had the time to discuss the plan with family or advisors.
- You are able to use the information you have been provided with to make a decision that you think is in your own best interest.
- You share your decision with your doctor or treatment team.
It is always advisable that before undergoing any type of surgery or having a less invasive procedure done that you understand the process involved with getting it done, the risks associated with it, etc. That way, when it comes time to sign this informed consent form, you don’t have any unanswered questions or feel uneasy as you don’t know what potential risks are associated with having it done.
Now, if something went wrong during the procedure which led to you suffering an injury or illness you otherwise would not have developed had you had another physician perform it, then you may want to look into filing a medical malpractice lawsuit. The fact is, just because you signed an informed consent form doesn’t mean you gave the doctor permission to make a medical mistake. Now, if the injury was included in the list of possible risks and your physician did provide you with the standard level of care, then you decrease your chances of obtaining a successful outcome in your case.
You see, medical malpractice lawsuits are generally only filed when a health care professional makes a mistake as a result of them engaging in negligent or careless behavior. For instance, if they weren’t following the proper steps when performing the procedure, failed to provide you with treatment when complications arose, or simply performed the wrong procedure, then you have viable grounds to sue them. Keep in mind that doctors are protected by many laws and will likely fight back if you were to attempt to hold them accountbale for a mistake you claimed they made.
Therefore, if you suspect that your physician in Jackson caused you to suffer from an injury or illness as a result of a mistake they made during a procedure they performed on you, it is best you talk with a knowledgeable Jackson, MS personal injury attorney who specializes in handling medical malpractice cases. MS personal injury lawyer William E. Ballard is available to sit down with you, discuss your recent procedure, and determine whether you have a legitimate case on your hands. If our office determines that your physician did, in fact, make a mistake, we can then review what steps you will want to take and how we can help you with each.
Contact our office today to schedule an initial consultation so that we can discuss your matter along with the ways we can assist you.
You can reach Ballard Law, PLLC. at:
108 S. President Street
Jackson, MS 39201