Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?

Signing a consent form in and of itself does not waive your rights. It is possible that the consent form does not contain all of the relevant information that it should or it may have been signed without adequate explanation. Even if you signed a consent form, you did not consent to substandard medical care. A doctor`s failure to meet the acceptable standard of care is not the same as consenting to the normal risks of a procedure.

According to Indiana law, informed consent is created if a patient`s written consent is signed by the patient or the patient`s authorized representative; witnessed; and explained, orally or in the written consent, to the patient or representative before the procedure is undertaken. The explanation must include the general nature of the patient`s condition; the proposed procedure, etc; the expected outcome; the material risks; and the reasonable alternatives. A patient is not prevented from withdrawing the consent and the consent does not have to be in writing in all cases.

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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.

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