First, as mentioned above informed consent involves more than someone just signing a medical release form. It is a back-and-forth process with the attending physician that involves one or more conversations. If someone merely signed a form they were handed, they could be forgiven for not understanding complicated medical language or grasping the full implications of what the form is saying. Therefore, a patient may not have actually made informed consent even if it appears they have on the surface.
Note that a lack of informed consent can mean that the patient did not receive benefits they were led to believe would occur. For example, if a condition is detected in the fetus and the mother’s goal is to minimize the risks that this condition will lead to a congenital defect, then the physician should set clear expectations as to whether or not this is possible. If the mother wasn’t explained the full expectations for a specific treatment and feels they were misled, this could be considered a form of malpractice in some situations because of a lack of informed consent.
Second, all medical malpractice cases involve the question of whether or not the physician deviated from the expected standard of care. In some cases, a birth injury will occur despite the physician doing everything they could to prevent it. In other cases, a physician could have overlooked some medical possibility but because they followed the standard of care, they may still not be legally considered negligent and liable because of malpractice. It’s only when the physician commits a deviation from the standard of care and when the birth injury can be traced to that deviation that the provider will be considered liable.
In sum, birth injuries can and do happen, despite everyone’s best efforts. The informed consent process is supposed to allow parents to make the best decision for their own goals and their own comfort level. However, informed consent is not always done properly, and informed consent may be irrelevant if the provider deviated from the standard of care.
If you have experienced a birth injury to yourself or your baby, it is important to speak to a Tampa birth injury lawyer as soon as possible to discuss your legal options. You could be eligible to receive compensation for resulting medical costs, any temporary or permanent disability, and your family’s own pain and suffering. Schedule a confidential, risk-free, no-obligation case evaluation at no cost to you when you call Darrigo & Diaz at (813) 734-7397 or contact us online.