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Can I file a medical malpractice claim even if I gave consent?


Yes, depending on the circumstances. The law requires medical professionals to educate you about your medical condition, available treatment options, and the risks associated with each course of action. This information must be provided in a way that is easy to understand so that you can be educated enough to make an informed decision about your medical treatment. Then, when you choose a course of action, you are deemed to have given "informed consent."

However, sometimes the consent given by a patient is not informed. Instead, a doctor may fail to give adequate information to enable his or her patient to make an educated decision. For example, say a doctor tells a patient about his medical condition and possible treatment options, but fails to disclose that one of the procedures could leave the patient blind. The patient then opts for that surgery and winds up blind. If the patient can show that he would not have picked that option if he knew of the risk of blindness, then he may be able to recover compensation for his injuries.

If you have fallen victim to medical malpractice, then you should consider how far-reaching your consent was when given. This can be a difficult issue to address, and may require the assistance of an experienced Massachusetts attorney. By speaking with an attorney, you can better learn if your consent was informed and, if not, whether or not you can file a lawsuit.

By speaking with a lawyer, you can also discover how much compensable damage you have suffered as a result of medical professional negligence. An attorney can examine the circumstances of your personal injury, including your medical expenses, emotional pain, and financial losses, thereby tailoring your case in an attempt to recover the maximum compensation possible.

Source: FindLaw, "Gross Negligence and Lack of 'Informed Consent,'" Accessed on Sept. 28, 2014

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