October 27, 2021
Almost every time you undergo medical treatment your providers will require you to sign a Consent Form which lists different kinds of risks or complications that may arise during your case. These risks and complications often include infection, allergic reactions, pain, seizures, bleeding, paralysis, complications associated with anesthesia ranging from single allergic reactions to serious complications including death, bleeding, trauma to surrounding tissue or organs, spinal cord damage, headaches, and several other potential complications. Do not be overly concerned by this requirement because it does not mean that you have given up the right to sue your medical providers if they are negligent in your care. A Consent Form simply authorizes your medical provider to perform a particular operation or other types of treatment after they discuss the risks and potential complications with you. The Consent Form, however, does not release your medical provider from liability if they are negligent in your treatment. Even if a Consent Form attempted to release one of your medical providers from negligence, such language should be void under both Kentucky and West Virginia law. Although complications from surgery may be known, a medical provider is still liable if his or her negligence caused that complication to occur.