Can You Sue For Malpractice if You Signed a Medical Consent?

Before any medical procedure, a medical provider will have you sign a consent form. The goal of the consent form is to explain the risks associated with your procedure and outline what could possibly happen. Once you sign the consent, you absolve your provider from liability should you not receive a clear understanding of the information or if any information is left out. If you should suffer an injury due to your procedure, you may feel like you have not legal recourse because you signed the consent. Here is what you need to know:

What Is Written on a Medical Consent?

Each provider may work a medical consent form differently. Generally, the medical consent will include information about the condition you have, the procedure you need to have, and any side effects or risks consistent with the procedure. The point of the form is to inform you of all information about what will occur during and after your procedure.

Can You Still Sue for Malpractice After an Injury?

Just because you sign a medical consent form does not necessarily mean you cannot still hold a medical provider liable for your injuries. To sue your provider for medical malpractice, you have to provide proof he or she acted in a negligent manner and did not provide the proper duty of care during your medical care. Your proof should show the provider did not take every precaution to treat you, which resulted in your injury. When you sign the medical consent, you are saying you understand the risks and side effects, but it does not address medical negligence on behalf of your provider. If your injury stems from negligence, you have legal grounds to sue for medical malpractice.

What Is Considered Negligence?

To sue a medical provider for medical malpractice and to hold him or her liable for your injuries, negligence has to occur. Some examples of negligence include errors in your medication dosage or type, errors during a surgical procedure, improper anesthesia application, misdiagnosis of your condition, and the like. You must read your medical consent fully before signing, as it may spell out the excuse of specific liability. However, negligent behavior and lack of duty of care provide a solid legal standing on which you can build a medical malpractice case.

If you have suffered an injury due to negligent behavior from your medical provider, you need to contact a personal injury attorney right away to begin gathering your evidence. Click here for more information.