What is a Consent Form?
A consent form is a legal document that outlines the specific medical procedure that will be performed on a patient. This form must list all the necessary details of the procedure, including risks and complications, in order for the patient to give informed consent before the procedure.
How Do Consent Forms Impact Medical Malpractice Claims?
The Medical Patient Rights Act (410 ILCS 50) requires physicians to obtain the informed consent of their patients before performing any medical procedure. This consent also requires the doctor to tell the patient about alternative treatment options and any potential complications that might arise from this procedure.
A poorly executed consent form can be grounds for a medical malpractice claim if the patient suffers from a complication that was not listed or not properly described on the form.
Can I Sue for Medical Malpractice if I Signed Consent Forms?
A consent form can potentially bar a medical malpractice claim. Generally, a properly executed consent form will prevent a patient from suing a doctor if:
- The patient was mentally competent to sign the form
- The patient was not pressured to sign the form
- The consent form describes the medical procedure and identifies the known risks
No legal form can prevent a patient from bringing a medical malpractice claim against a doctor if the doctor’s negligent treatment led to the harm of the patient. A patient may also have a claim for lack of informed consent if they were incompetent while signing the form due to the following conditions:
- The effects of legal/illegal drugs
- Intoxication
- Dementia
Beyond this, if the form properly indicated a potential complication, and the patient suffered that complication, it is highly unlikely that they would be able to sue for that reason. Their signature indicates that they knew the risk and still agreed to the procedure.
Contact a Medical Malpractice Lawyer at McCready Law
Medical malpractice can occur in different ways like negligence during surgery, incorrect prescriptions, lack of informed consent, and others. Filing a claim may seem daunting, especially if you have concerns about what your consent form forbids. Contact one of our medical malpractice attorneys today for help with your claim and start working with McCready Law as soon as possible to receive the compensation you deserve.