What would happen to the case then?
If I get sued for malpractice, claiming I didnt know that the operation could have (and, in ths case, did have) negative consequences. Yet the office has a copy of an informed consent form signed by me. How does this affect the case, demostrating knowledge of law?
Answers:
Ignorance of the law is not a defence. And for medical malpractice, not knowing the possible consequences of an operation is, in and of itself, malpractice -- performing an operation without knowledge of the results.
Who's suing who here? I'm confused. ..
If you're the doctor or the one getting sued for malpractice, how were you the one that signed the informed consent form?
More info, please.
Do you mean if YOU sued for malpractice? Signing the consent form may not mean much, it depends on the negative consequences. Let me give you an example, my partner had a tubal ligation. The consent form said the nipping/nicking of the bowels was a risk. She got septis or peritonitis (sorry about the spelling). It was not diagnosed for 13 days. That was not a risk she accepted and she won $250,000 without even filing a lawsuit. So the real question is: what did the consent form tell you were the acceptable risks. If your consequences were a risk you consented to, you don't have a case. Any question like this is worth the money it takes to discuss it with a local attorney.
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