I Signed the Consent Form – Can I Still Recover Compensation?

Most surgeries are considered successful and enable the patient to lead a healthier, productive, and more comfortable life.

There are times when a medical professional is responsible for failing to adhere to acceptable standards of care, causing immense pain and suffering to the patient and jeopardizing their chances of a full recovery. While it is difficult to guarantee success of a medical procedure, not following generally accepted standards of care and going beyond the consent provided by the patient can cause harm to the patient. This can also be a basis for a medical malpractice lawsuit. Many patients wonder whether they can still sue a medical professional for medical malpractice if they signed a consent form. In this post, our St. Louis medical malpractice attorney will provide an answer to the question.

Signing a Consent Form

Most doctors and hospitals require a patient to sign a consent form, wherein the patient gives an approval for the surgery that the doctor is about to perform and any other procedure that might be necessary. Before asking a patient to sign a consent form, the doctor should provide the patient with all the relevant information about the procedure, the risks involved, and the risks possible if the patient does not undergo the surgery. The doctor helps the patient make an informed decision and provides an informed consent about whether or not he or she is willing to undergo the procedure.

Can a Patient Recover Compensation if a Consent Form is Signed?

Under some circumstances, the patient can still recover compensation even if a consent form was signed. For example, if the doctor misrepresented the material aspects of the surgery, or inadequately informed the patient of the benefits and risks associated with the surgery, the patient may be able to file a claim for compensation. The patient would need to prove that the doctor failed to inform him or her adequately, and had they been informed of the associated risks, any other reasonable person would not have undergone the procedure.

St. Louis Medical Malpractice Lawyers

A doctor cannot be excused from liability, even with the patient’s consent, if the doctor fails to meet the established standards of care during the surgery. The doctor may be held liable for negligent or reckless behavior. The patient may also have to prove that the doctor went beyond the consent in performing the surgery. If you think you have been a victim of medical negligence, discuss your case with a St. Louis medical malpractice lawyer. Call Zevan and Davidson Law Firm at (314) 588-7200.