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If I Signed a Consent Form, Can I File a Medical Malpractice Claim?

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Before undergoing a medical procedure, your doctor may ask you to sign a consent form. Consent forms often outline the risks associated with a medical procedure and may excuse your doctor from any liability associated with not providing complete information.

After signing a consent form, patients often feel that their doctor is completely excused from all liability. This can leave patients feeling lost if the procedure does not go well and they are injured because of medical negligence. However, consent forms do not completely excuse doctors from liability. If you were injured in an incident of medical malpractice, you may still be able to file a claim — even if you signed a consent form before undergoing the procedure.

What is Included in a Medical Consent Form?

The terms of a medical consent form will vary between procedures and providers. In general, medical consent forms include information about the patient’s condition, the procedure, and potential risks and side effects. The purpose of medical consent forms is to ensure patients are educated on the details of a procedure, both for informational and legal purposes.

Types of Medical Malpractice

It is possible to sue a doctor or hospital if they have not informed you of the risks of a medical procedure. By signing a consent form, you establish that you are aware of any potential risks. Depending on the terms of a consent form, the agreement may excuse the doctor and hospital from this kind of liability. However, there are many different types of medical malpractice, and signing a consent form does not excuse other forms of negligence.

Other types of medical malpractice include:

  • Misdiagnosis
  • Medication errors
  • Surgical errors
  • Anesthesia errors

Building a Medical Malpractice Case

To establish a medical malpractice case, you must prove that your doctor or another medical professional was negligent and violated their duty of care when treating you. Essentially, this involves showing that the doctor did not do everything they could to treat your condition, causing injury. Even if you have signed a consent form acknowledging you are aware of the risks of a procedure, a doctor can violate their duty of care by not providing the proper treatment or being negligent. In these cases, you may be able to file a medical malpractice claim.

The Daspit Law Firm legal team is available to answer your questions if you or a loved one was injured because of medical negligence. Contact us today to discuss the details of your case.

To schedule a free consultation with our attorneys, complete our contact form or call (888) 273-1045.

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