Gross Negligence and Lack of Informed Consent

Atlanta Gross Negligence and Informed Consent Lawsuits

Medical malpractice can take many forms, and it often requires a seasoned professional in the field to substantiate a claim. However, when medical malpractice lawsuits involve gross negligence or lack of informed consent, the infraction becomes much more serious in the eyes of the law, and sometimes easier to prove. To find out if you have a medical malpractice claim involving gross negligence, fill out our no cost, no obligation case review form on the right. 

Gross Negligence Malpractice

Negligence in medical malpractice could be simply defined as conduct that is so reckless, any reasonable person could quickly indentify it as negligence, with or without medical training. Some examples of medical malpractice that could constitute gross negligence include:

The implication of gross negligence is that the physician or other health professional had a conscious and voluntary disregard for the best interests of the patient. Some cases allow actions for res ipsa loquitur ("the thing speaks for itself"), wherein little to no evidence or testimony is needed for a conviction. Under these actions, the argument is that by virtue of the nature of the patient’s injury (e.g., a wrongly amputated limb) negligence had to have occurred. An experienced medical malpractice lawyer knows how to frame each individual’s case most effectively when involving gross negligence.

Lack of Informed Consent

Patients are legally entitled to know the possible side effects and drawbacks of any medical procedure or course of treatment their doctor recommends. Doctors are in a unique position of specialized knowledge and education to provide their patients with medical care. However, medical malpractice laws are set up to ensure that each individual is able to make the final decision for his or her own medical treatment in non-emergency situations. This includes receiving information on one’s condition, prognosis, and available treatment options and their side effects.

However, informed consent, even with a signed waiver, does not release a doctor from all responsibility for the medical procedures. Negligence cannot be excused simply because a patient confirmed that there are risks in a procedure and that he or she knows about them. If a doctor or other medical professional deviates from the standard of care necessary to protect the best interests of a patient, they may be found liable in a medical negligence case.

Atlanta Medical Malpractice Lawyers

Our experienced medical malpractice attorneys know how to handle cases of gross negligence and informed consent in hospitals, emergency rooms, and doctors’ offices. If you or a loved one has been injured due to medical negligence, you may be able to recover compensation through a medical malpractice lawsuit. Contact our gross negligence attorneys and informed consent lawyers by filling out our free, no-obligation case evaluation form, and to find out if our Atlanta medical malpractice lawyers can help you fight for your legal rights.