Can I Pursue a Medical Malpractice Case if I Signed a Consent Form Before I had my Procedure That Caused the Injury?

Consent forms are meant to inform patients of possible risks of a procedure, but medical malpractice lawsuits are based on negligence on the part of the doctor or hospital . If your injury was caused by their negligence, then you may be a victim of medical malpractice. This means that they did not adhere to the standard level of care that is expected when performing that procedure, and this resulted in your injury.

Informed consent is a bedrock principle in modern medical care. The idea is that patients have the right to make informed decisions about the kind of care that they receive. Consequently, medical professionals must inform them of certain things regarding the care they will give in order for the patients to make that decision. Generally, the factors that doctors and others must tell them relate to the type of procedure being formed, the types of risks faced, the alternatives that exist, and the potential benefits.

In certain circumstances, medical professionals do not need to inform you of things prior to giving you treatment. First of all, if what they're doing isn't even considered care, then informed consent is not needed. For instance, if a doctor is just taking your vitals or getting your weight, then this isn't really considered treatment sufficient to warrant informed consent. Second, if there is an emergency and the doctor cannot obtain informed consent, then he or she will not be liable for still rendering treatment. Third, if the patient is a child or incapacitated, then the doctor or other professional need not seek informed consent from them but they generally have to obtain it from the person's guardian or parents.