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

A physician is considered to have obtained informed consent if he has explained in general terms the procedure to be undertaken; explained alternative methods of treatment, if any; explained the general nature and extent of any risks involved; and obtained a signature of the patient on a statement setting forth the above information. Consent is implied if, in competent medical judgment, the procedure is reasonably necessary and any delay could result in death, disfigurement, impairment of faculties or serious bodily harm or if a person authorized to consent is not readily available.

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.

Additional Medical Malpractice Articles

Search LawInfo's Medical Malpractice Resources