Civil/Commercial Litigation (Lawsuits)/Consent forms

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Question
Dear Mr. Smith,
         I have a general question regarding consent forms for laser eye surgery. I had laser eye surgery on both eyes and at that time I signed a consent form. Eight months later I required eye enhancement surgery to correct the first surgery. At the time of the second eye surgery the laser center did not give me any forms to sign for consent. Since the second surgery my right eye has gotten worst. My question is: am I able to pursue any type of legal action based on the fact that no forms were signed by me for the enhancement?  Thank you....

Answer
Greetings Dave,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

Furthermore, I see by your question that you are in Canada, and I do not practice in your jurisdiction.

Whether or not you sign a consent form, under certain circumstances you can prevail and recover for medical malpractice etc.  Forms can provide parties with certain protections but they are not magical instruments that turn off the jurisdiction of our court systems.

I suggest that you immediately find a local attorney licensed to practice law in what I guess would be your Province.  You would probably do well to find some one who's experience includes not only medical malpractice but personal injury cases as well.  It would be prudent to gather all of the information that you can about all of your procedures and make that available to your attorney.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

Publications
AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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