No Informed consent form

What is the name of your state? NY

I had surgery and was not given a consent form to sign. The doctor and his assistant claim I signed it but are implying I took it with me and they cant find it. A lawyer told me that since they both agree I signed it I would lose in a court case. Is this true
thank you

[ellencee]

inurok
The attorney's answer is the only answer that matters. You can ask another attorney in your area and if you get the same response, then you should let it go. More likely than not, you did sign an op permit. Apparently, you voiced no objection prior to the surgical procedure. Thus, a jury would most likely find in favor of the surgeon.

EC

[JETX]

A consent form is used mainly to protect the physician in the event that a problem arises from the treatment, to show that you were advised of the possibility of complications and gave your written permission to the treatment or procedure.

Your post makes no mention of complications or errors in treatment, only that (you claim) the signed form cannot be found.

If the treatment that was rendered was reasonable and medically necessary, and you were not damaged, the absence of the form in itself is not actionable.

I forgot to add I did suffer from the surgery. I have many problems and perm damage and have many doctors that know why but there is no way to correct them now. All the doctors I have seen say I was not a candidate for the surgery and should never have had it. I was told that I should have read the cons in my consent form paperwork, Thats when I found out I was never given a consent form.

[ellencee]

inurok
Please---tell us the whole story, briefly, but completely. When was the surgery, what reason, what problem(s) resulted.

If the attorney who said you would lose has reviewed that information, tell us that, too.

A couple of months ago, did you post this question on another site and receive advice from two RNs and a medmal attorney?

EC

you must be very careful about consulting local lawyers about sueing local doctors as many doctors are what we call "doctors lawyers" that testify for attorneys clients all the time in car wrecks and such especially ortho doc's. many local lawyers use these doctors as court experts and send their clients to them, thus the doctor makes money off the attorney and the attorney makes money off the doctor. you may have just consulted a lawyer that uses your doctor as an expert witness. my adivce is go outside youe local and talk to several other attorneys that would not be using the doctor in question as an expert. good luck

DvG

[lkc15507]

I agree with D v G to a degree. I find it almost impossible that you were not asked to sign an inofrmed consent form. Yet, the fact that you do not seem to remember it may lend credence to the argument that you were not in a capacity to sign it in the first place. Informed consent is imperitive to an invasive procedure. You signed it or you didn't===your provider has it or they don't.

lkc15507

If doctors are all agreeing you werent a candidate for the procedure, find an atty willing to take the case


how would the informed consent form nake any difference with regard to the surgeons malpratice if there is evidence from other doctors who concur the surgeon performed a procedure not recommended for this candidate?

I found a Lawyer that will take the case but they dont want to pursue the lack of informed consent because two people at the doctors office said the saw me sign it but cant find it. I still have no copy of it and they dont either so its my word againt theirs.