Consent And Damages In Medical Malpractice

If I Signed A Consent Form Prior To A Procedure And It Is Considered Valid, Can I Still Recover Any Damages In A Medical Malpractice Claim Against A Medical Care Provider In New York?

Signing a consent form prior to medical treatment provides the physician or hospital with your consent to perform a medical procedure. There are known risks and complications associated with any medical care and treatment. Your consent permits your health care provider to supply that treatment or perform that procedure within recognized standards of care. On the other hand, your consent DOES NOT permit your caregiver to perform beneath the standards of care…in other words, they can still be held responsible if there was harm caused to you due to negligence (also known as medical malpractice).

What Damages Are Potentially Recoverable In A New York State Medical Malpractice Claim?

The damages potentially recoverable in a New York State medical malpractice claim are…

• Pain and suffering
• Economic loss
• Pecuniary loss

There is really no difference in the terms of damages that are available to someone, whether it’s a personal injury case or a medical malpractice case. The truth is that he best things in life are free; your health, the love and relationship you have with your family, what you spend your free time doing. These things are free, but they aren’t cheap. If someone takes away your ability to enjoy these things through no fault of your own, you should be compensated for that loss.

Pain and suffering as a result of physical or emotional injury include your ability to enjoy life. Enjoy your work, your free time, your hobbies, and your family as you were able before you were harmed. Economic loss can include loss of wages due to your ability to earn income, whether temporarily or permanently. If you have been rendered disabled and can still work, but not to the extent you once were able to earn income, you may be able to recover for that loss as well.

Pecuniary loss is what is referred to (usually in wrongful death cases) as survivors’ losses. It includes, among other things, the loss of services, love, companionship, counsel, advise that the lost loved one could be counted upon to provide his or her spouse and children. For more information about Medical Malpractice Law in New York, an initial consultation is your next best step.