Elderly Lives Matter
Ford, Dean & Rotundo, P.A.Ford, Dean & Rotundo, P.A.
Elderly Lives Matter
305-670-2000
Call For A Free Consultation
En EspaƱol

Can I file a medical malpractice suit if I signed a consent form?

Yes, depending on the circumstances, you can. Though signing a consent form allows doctors to legally perform the duties listed, the form itself may fail to provide what is known as informed consent. Informed consent means that a patient understands the procedure he or she is about to undergo, is made aware of any alternative procedures, and is told of any substantial risks. If a patient lacks informed consent and is harmed during a procedure, then he or she may be able to file a medical malpractice lawsuit. Such a lawsuit may also be filed if a patient is forced to sign a consent form after the injurious incident has already occurred or if he or she was incompetent when the form was signed.

However, it is important to note that there may be instances where failing to provide informed consent does not necessarily give rise to legal liability. For example, if it can be shown that a patient would have undergone a surgical operation even if he or she had been informed of all the risks and alternatives, then liability may not be imposed on a doctor who, while providing the minimum standard of care, injures the patient.

Since a lot of medical malpractice and lack of informed consent cases rely on defining acceptable medical standards, if is often advisable to utilize expert testimony. An expert can help a jury understand whether the consent that was given was fully informed and whether a doctor acted within the minimum standard of care owed to the patient.

Hospital negligence cases are usually complex, with many legal issues coming into play. Informed consent issues can be highly contentious, as a doctor may feel that he or she acted appropriately while a victim feels otherwise. Every case is different, and speaking with a Miami attorney may be the best way to determine what actions to take next.

Source: FindLaw, "Gross Negligence and Lack of Informed Consent," accessed on July 27, 2014

No Comments

Leave a comment
Comment Information
  • Honors & Awards
  • Multi Million Dollar Advocates Forum
  • Million Dollar Advocates Forum
  • Florida Trends Florida Legal Elite
  • The Florida Bar Board Certified
  • National Board of Trial Advocacy NBTA Established 19977
  • AV Lexis Nexis Martindale Hubbell Peer Review Rated for Ethical Standards and Legal Ability tm
  • AVVO
  • Rated By Super Lawyers William A. Dean
Get In Touch

Let Us Help Your Family Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us For A Free Consultation

Ford, Dean & Rotundo, P.A.
2875 NE 191 Street, Suite 600
Aventura, FL 33180

Phone: 305-670-2000
Fax: 305-670-1353
Aventura Law Office Map