Can I still file a medical malpractice claim in Hawaii if I signed a consent form?

Even though you signed a consent form, you can still file a medical malpractice claim if medical negligence caused you harm. By signing a consent form, you are not allowing your doctor or any other medical professional to commit malpractice or medical negligence.
The purpose of a consent form is to verify that you were given the opportunity to discuss all of your medical options, ask questions and get a thorough understanding of the risks and complications involved with your surgery or other medical treatment.
Your physician should cover the following topics before getting your informed consent:
  • your diagnosis or probable diagnosis;
  • the purpose and nature of the surgery, treatment or procedure;
  • the benefits as well as the risks involved;
  • alternatives to the surgery, treatment or procedure,despite costs or lack of insurance coverage;
  • the benefits as well as the risks of the alternative surgery,treatment or procedure;and
  • the benefits and risks associated with forgoing any medical treatment.
The physician is also responsible for ensuring that the patient or the patient’s authorized representative understands what they are being told before they sign the consent form.
The patient also plays a role in the process of informed consent by listening and asking questions if they want more information. For example, if your doctor tries to get your informed consent for heart surgery after telling you that you have premature ventricular contraction, you might want to ask for an explanation in layman’s terms.
Your healthcare provider will always be required to meet a certain standard of care that can’t be waived by the patient signing an informed consent form. If you believe you are a victim of medical negligence, speaking with a Honolulu medical malpractice attorney can help you determine if you have a valid Hawaii medical malpractice claim.
After falling victim to medical malpractice in Honolulu, you should be able to spend your time focusing on your recovery, not dealing with insurance adjusters, never-ending paperwork and complicated legalese. Hawaii attorneys Davis Levin Livingston will fight for your rights while you focus on healing. Serving medical malpractice victims on Oahu, Maui, the Big Island, Kauai and beyond. Contact us today for a free case evaluation – 1-866-806-4349.
Posted in Medical Malpractice

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