In our culture, consent forms seem like an
impenetrable shield against lawsuits. Signing an informed consent form is a
signifier that you accept the risks associated with certain activities and take
responsibility for any mishaps that may happen. While most would agree that
this practice makes sense, where does it leave patients who have suffered
severe injuries at the hands of a negligent dentist?
Many dentists make their patients sign
informed consent forms before risky procedures. Does this make them immune to
justified lawsuits from disgruntled patients? According to the laws surrounding
dental malpractice, not necessarily. According to the website of renowned dental
malpractice attorney Dane Levy, there are circumstances in which
patients can win malpractice suits even after signing consent forms.
Patients have not truly given their “informed consent”
if they have not been adequately informed of the risks and options related to a
procedure. Even if a patient signs a form, a dentist is still accountable for
properly explaining all the risks inherent to the procedure. Furthermore, a
consent form does not excuse dentists from meeting the dental community’s
accepted standard of care. If you can prove that your dentist caused your
injuries by not following accepted dental procedures and not through the
inherent risks of the procedure, you can still win a dental malpractice case.
If you believe you have a good case against
your dentist, be sure to consult with a dental malpractice lawyer today. A good
attorney can help you assess whether it is a good idea to take your case to