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

Except for when an emergency exists, a doctor must obtain informed consent of the patient before rendering professional care and treatment. Informed consent means that the patient must have reasonable knowledge of the nature of the procedure and understanding of the risks involved, and the possible results to be anticipated. A doctor has a duty to inform a patient of all material facts necessary for the patient to have the knowledge to consent to the procedure that is being recommended. However, even if a provider does not obtain informed consent, the patient must prove that he would not have proceeded with the treatment had he known all of the risks involved.

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.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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