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What Is Informed Consent?

If you suspect you’ve been a victim of medical malpractice, you probably have questions regarding informed consent. This is one of the more common ways healthcare providers are able to avoid being found liable for medical malpractice. But with the right personal injury lawyer representing your interests, you won’t have to worry about your healthcare provider wronging you twice. 

Continue reading to learn more about what informed consent is and what damages you may be able to recover if you win your medical malpractice lawsuit. 

Your Informed Consent for Treatment

When you go to see a healthcare provider due to an illness or injury, the provider must obtain your informed consent before treating you. This is a legal document that states they have informed you of the potential risks and side effects of a particular treatment, and that you have given your consent to be treated despite these potential risks and side effects.

Every person’s body has the potential to respond to treatment differently. Even the most common treatments come with risks. And if you became injured or ill due to risks associated with treatment, you wouldn’t necessarily have grounds for a medical malpractice claim.

The problem is many healthcare providers will make mistakes and then attempt to hide them behind your informed consent. They explain your condition has worsened because of the risks or side effects of treatment, when in reality they made a serious error that caused your illness or injury. 

You may not even be aware of the fact that you’re a victim of medical malpractice. But a seasoned attorney can review your medical records in detail to reveal the truth and hold your healthcare provider accountable. 

Damages You Could Recover in Your Medical Malpractice Claim

When you file your medical malpractice claim, you’ll be seeking damages for your losses. Damages are financial awards meant to compensate victims for all of the ways your life has been affected by what’s happened to you. You have the right to be repaid for economic and non-economic losses. 

Economic damages are awarded to compensate financially based losses and could include:

  • Lost wages
  • Medical expenses and equipment
  • Diminished earning capacity 
  • Future medical care 

Non-economic damages are awarded to compensate for intangible loss. These losses don’t have a monetary value, but are extremely valuable. Some might include:

  • Lost quality of life
  • Loss of companionship and love 
  • Scarring
  • Disfigurement 
  • Inconvenience
  • Reputational damage
  • Pain and suffering 
  • Emotional distress

Your medical malpractice lawyer will need to carefully review the various ways your life has been impacted by your injuries to determine how much your claim is worth.

Contact a Medical Malpractice Lawyer in Virginia

Hiding mistakes and errors behind informed consent is more common than you might think. But with an experienced Virginia medical malpractice lawyer at Halperin Law Center by your side, you can make the liable party pay for their negligence. 

Our firm is proud to offer no-cost, risk-free consultations. Don’t let this opportunity pass you by. Fill out our quick contact form or call our office at 804-527-0100 to get started on your civil claim. 

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