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Did I waive my right to recover for a medical malpractice lawsuit when I signed the consent form?
If you are the victim of medical malpractice, the fact that you consented to the procedure in a medical release form that led to your injuries will not prohibit you from filing a medical malpractice lawsuit.
The core idea of the informed consent is not about signing your name on a “consent form” or saying “go ahead”. It is about having a right to determine what happens with your body. To consent simply means to agree. An informed consent comes about when you have enough information to meaningfully weigh the risks and benefits of the procedure, and then decide to go through with the procedure based on the information.
Informed consent laws vary from state to state regarding what information must be given to a patient. According to the American Medical Association, the information that should be given to a patient includes: the risks and benefits of the procedure and how likely they are to occur, the nature of their condition, a description of the proposed procedure and why it is being proposed, alternatives to the proposed treatment and its risks and benefits, and the risks and benefits refusing the procedure. A patient can give an informed consent without signing a consent form, but most doctors use consent forms to complete the consent process. When a doctor relies solely on a consent form, obtaining an informed consent is less likely because there is little opportunity for one-on-one communication regarding the risks and benefits.
Many things can get in the way of informed consent. For example, if you are drugged, drunk, hysterical or were under pressure there is a good chance that you were unable to legally consent to medical treatment - even if the risks and benefits were explained and you said yes and you signed the consent form.
If your doctor does not obtain an informed consent from you, you may be able to file a malpractice claim. Lawsuits based on lack of informed consent can be difficult to win, however, because you have to prove that if you received adequate information about the risks and benefits of the procedure, you never would have agreed to the procedure. |
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