Can I Pursue A Medical Malpractice Case If I Signed A Consent Form Before I Had My Procedure That Caused The Injury?

Can I Pursue A Medical Malpractice Case If I Signed A Consent Form Before I Had My Procedure That Caused The Injury? Yes, the consent form does not protect a medical professional from liability if they were negligent and caused harm. Therefore, you can still pursue recovery if you were a victim of medical malpractice.

What’s The Goal Of Informed Consent Forms?

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.

Back to the Top

What Are The Requirements Of Informed Consent?

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.

Back to the Top

What Is Not Required For Informed Consent In Medical Situations?

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.

Back to the Top

Wondering If You Can Still Pursue Recovery For Medical Malpractice?

Illinois’ laws and rules governing medical malpractice lawsuits might sound foreign to you but Rosenfeld Injury Lawyers has mastered them after representing countless clients. We can figure out if you have a case and how you should form it. Contact our offices to hear about your best path to recovery.

If you would like to know more about medical malpractice cases in Illinois, please read the following pages:

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong, Google User
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim, Avvo User
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia, Avvo User
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa, Avvo User
★★★★★
Contact Us for a Free Consultation (888) 424-5757
Chicago Office Map