Can I File a Medical Malpractice Claim if I Signed a Consent Form?

Before receiving medical treatment, your doctor may ask you to complete a few tasks. You may need to provide insurance information, avoid eating for a certain period of time, or take a type of medicine that you were prescribed. In some cases, patients are required to sign a consent form before being treated.

If you signed a consent form before a medical procedure, and were injured in the process of being treated, you may be confused about your right to file a medical malpractice claim. Signing a consent form does not negate your ability to file a claim against a negligent party. Depending on the terms of the consent form you signed, you will likely still be able to sue your doctor or the hospital if they caused you harm.

What a Consent Form May Include

Medical consent forms generally state that, by signing, you are granting the doctor permission to provide you with treatment. Additionally, the consent form should include detailed information about what the treatment will entail, the benefits of receiving the treatment, and the risks you may be subjected to. The purpose of many consent forms is to ensure the doctor has informed consent from the patient, and can proceed with treatment.

What is “Informed Consent”?

Doctors are required to receive informed consent from their patients before administering treatment. Providing informed consent is when a person agrees to something based on an educated opinion, because they were provided with all of the details. So, by learning of the risks and benefits of a procedure, a patient can make an informed decision about receiving treatment.

When You Can and Cannot File a Medical Malpractice Claim After Signing a Consent Form

Signing a consent form does not absolve your doctor of their responsibility to provide you with safe and effective treatment. The only time a consent form may prevent a person from filing a medical malpractice claim is if they state that they were not aware of the risks of a procedure, despite signing the form. However, a consent form could be incomplete or misleading, in which this claim would be legitimate.

A consent form does not free a doctor or hospital from liability if a patient is hurt because of a misdiagnosis, surgical error, anesthesia error, or other form or medical malpractice. If you have been injured because of a doctor’s negligence, contact the Law Offices of David A. Kates, PLLC today. We are dedicated to helping you get the care you need.

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