Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California
If you believe that you have not given informed consent to a procedure your dentist performed, you may have a dental malpractice law suit on your hands. Here are some ways you can consent to a doctor’s treatment.
Implied consent – This includes consent by your actions. For example, walking into a doctor’s office, hospital or clinic means that you are submitting yourself to treatment. This means that if you visit a clinic with a boil on your arm and do not object when it is removed, you have given your consent.
Verbal consent – When you ask for your doctor’s opinion, advice or treatment, you have given your consent. This instance applies to everyday treatments and visits that are understood by an average person. But do not apply to complicated procedures like surgery.
Written consent – For complicated, dangerous procedures that involve anesthesia and surgery, a doctor or hospital will require written consent from a patient. This form of consent is binding on the patient, provided that the patient fully understood what they were signing.
Consent by proxy – These are treatments that receive consent from another person like a parent, guardian or family member. Consent by proxy does two things. Firstly it prevents the doctor from making the consented responsible for the technical decisions of an operation. Secondly, it states that the doctor cannot do anything, that a patient if conscious would not agree.
It is best to speak to a reputed malpractice attorney Orange County to clarify if you have a strong dental malpractice case before proceeding with your case.