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Rhode Island Medical Malpractice Attorneys
What is Informed Consent?
Informed consent is a legal concept, which may come up in medical malpractice suits. Informed consent means more than saying “yes” and signing on the dotted line. In order to give informed consent, the patient must have actually received information. The patient must be advised of the risks of the operation or procedure they are scheduled to undergo, including general risks and risks that are specific to the patient. Reasonable alternatives and their risks and benefits must also be mentioned. A reasonable alternative can include doing nothing. There must be an assessment that the patient understands all of what was said before they consent. Consent must be voluntary and given by a competent individual.
Failure to receive informed consent is a violation of patients’ rights and is also a form of medical malpractice. Patients have legal and ethical rights to decide what happens to their body. Nevertheless, informed consent is not necessary in all situations. It is only required when a doctor or medical professional is performing a medical procedure or offering medical treatment. Informed consent is not necessary in situations, like listening to the patient’s heartbeat with a stethoscope. Informed consent is also unnecessary in emergency situations or when the patient is unconscious and unable to consent.
However, signing a consent form, does not mean the patient consented to medical malpractice or any form of negligent treatment by the doctor or other medical professionals. Medical malpractice can still occur even when informed consent was given and it is not necessarily a bar to bringing a medical malpractice lawsuit.
Why We Are Successful - Our Qualifications:
Attorney Paul d'Oliveira and his Associate Attorneys have settled thousands of personal injury cases over the past 23 years. We know who the best medical malpractice lawyers are for your specific type of case in RI and MA and are committed to helping you find the best lawyer to represent you. Remember the attorneys we work with do not charge a fee until you recover an award or a settlement of our case. While this firm maintains joint responsibility, medical malpractice cases are referred to a local attorney in your area who is experienced in litigating these types of cases.
What is
Medical Malpractice?
Largest Medical Malpractice Settlements
A middle-aged man broke his ankle. After undergoing surgery he developed an infection in the bone and had to have his leg amputated below the knee. Our firm maintained joint responsibility with an experienced medical malpractice attorney who brought the case to trial.
$7.5 Million Settlement
Our client was a teenager whose neurological disorder went unnoticed and untreated by her doctors, even though the hospital performed a CT scan, which showed abnormal results. As a result of the misdiagnosis, the client suffered permanent brain injuries. Our firm maintained joint responsibility with an experienced medical malpractice lawyer who settled the case.
$2.65 Million Settlement
A child was taken to a local hospital. The parents were told the child was only suffering from a cold. The child was sent home without any tests being performed. The child was taken back to the hospital and, was diagnosed with Meningitis. Our firm maintained joint responsibility with an experienced medical malpractice attorney who settled the case.
$ 1.2 Million Settlement
A disabled person lost the use of their arm due to medical negligence. The individual underwent surgery for a pinched nerve when a doctor severed the wrong nerve causing paralysis of the arm. Our firm maintained joint responsibility with an experienced medical malpractice attorney who settled the case.
$675,000 Settlement
A baby suffered a head injury during a difficult delivery. Due to distress an emergency c-section was performed. Our firm maintained joint responsibility with an experienced medical malpractice attorney who settled the case.
$610,000 Settlement