Can I Still Sue for Medical Malpractice if I Signed a Consent Form?

When you undergo surgery or a medical procedure, one of the first documents you’re asked to sign is a consent form. This form typically states that you understand the risks involved in the treatment and agree to move forward. 

Most hospitals and clinics will not admit care without a signed consent form, so if you need a procedure, you have to sign.

This may leave you wondering: what if something goes wrong? What if I’m harmed by a preventable mistake? Can I still sue for medical malpractice if I signed a consent form?

The answer is yes, signing a consent form does not waive your legal right to sue a healthcare provider for medical negligence. 

While consent forms are legally significant, they are not a license for doctors to provide substandard care.

If you or a loved one suffered harm due to medical malpractice or negligence, you have legal options, regardless of the paperwork you signed. You can contact Morgan & Morgan, America’s largest personal injury law firm, for a free case evaluation to learn more about your rights and possible next steps toward compensation, accountability, and justice.

What Is Informed Consent?

Informed consent is a legal and ethical requirement in healthcare. It means that before performing a medical procedure, a doctor must explain:

• The nature of the procedure
• The known risks and benefits
• Alternative treatment options
• The possible consequences of not receiving treatment

Once you’ve been given this information and have had the chance to ask questions, you may sign a consent form indicating your understanding and agreement.

This consent must be informed, voluntary, and not coerced. If any of these elements are missing, the consent may not be legally valid.

A Consent Form Is Not a Blank Check

A signed consent form is not a get-out-of-jail-free card for medical professionals. It protects them from liability only for the risks that are reasonably disclosed and understood by the patient.

You did not sign away your right to safe, competent care. Here’s why:

Consent Forms Do Not Cover Negligence

If a doctor makes an error that a reasonably skilled provider would not have made, such as operating on the wrong body part, leaving surgical instruments inside a patient, or prescribing a dangerous dosage, they may still be held liable. These types of incidents fall under medical malpractice, not known risks of treatment.

You Can’t Consent to Incompetence

Even if a risk is known and disclosed, the doctor must still take reasonable precautions to prevent it. For example, if infection is a known risk of surgery, but the doctor fails to maintain a sterile environment, the resulting infection could be grounds for a lawsuit.

The Form May Be Vague or Incomplete

Many consent forms are written in legalese or use vague language that does not clearly explain the risks. If you were not fully informed, your consent may be deemed uninformed or invalid, making it easier to pursue legal action.

When You Can Still Sue After Signing a Consent Form

Here are several scenarios in which you may be able to sue for medical malpractice even if you signed a consent form:

Failure to Inform You of All Relevant Risks

If your doctor failed to disclose a serious, material risk associated with the procedure and you would have declined the treatment had you known about it, you may have a case for lack of informed consent.

For example, you undergo back surgery and suffer permanent nerve damage, but your surgeon never told you that paralysis was a possible outcome.

Negligence During the Procedure

Even if you were warned about the general risks, you can still sue if the harm was caused by preventable error.

For instance, imagine a surgeon nicks a major artery due to carelessness. You weren’t told about this specific risk, and it’s not a known complication when proper care is taken.

Performing a Different Procedure Than You Agreed To

If a healthcare provider performs a procedure that goes beyond what you consented to, it may be considered battery (a type of civil assault) even if the outcome is not harmful.

An example could be if you consent to having your left ovary removed, but the doctor also removes the right one without any immediate life-threatening reason.

Lack of Capacity to Consent

If the patient was mentally impaired, under medication, or a minor, and proper legal consent was not obtained from a guardian or legal representative, the consent form may not be valid.

How to Know If You Have a Case

If you were injured after signing a consent form, you may still have a valid medical malpractice claim. Ask yourself the following:

• Was I told about the specific risk that caused my injury?
• Did the doctor follow the proper standard of care?
• Was the procedure I received the one I agreed to?
• Did I have enough information to truly make an informed decision?

If the answer to any of these is no, you may have grounds for a lawsuit.

What Damages Can I Recover?

If you’re successful in a medical malpractice lawsuit, you may be entitled to compensation for:

• Medical expenses (current and future)
• Lost wages or loss of earning capacity
• Pain and suffering
• Disability or disfigurement
• Loss of enjoyment of life
• Punitive damages (in cases of extreme negligence)
  
   

What Should I Do if I Suspect Malpractice?

If you have suffered due to medical malpractice, the next steps you take are important. Here's what you can do:

1. Get a Second Opinion

Another doctor can help you understand whether your injury was likely caused by negligence.

2. Request Your Medical Records

Your records will help reveal what risks were disclosed and whether proper care was given.

3. Do Not Rely on the Consent Form Alone

Even if the form looks intimidating or detailed, it may still leave room for legal action if you were harmed due to substandard care.

4. Speak With an Experienced Malpractice Attorney

Medical malpractice law is complex. A knowledgeable attorney can help you understand your rights and fight for the compensation you deserve.

Why Choose Morgan & Morgan?

At Morgan & Morgan, we believe that every patient deserves safe, competent, and respectful treatment. We’ve helped thousands of individuals hold negligent doctors, hospitals, and healthcare providers accountable for the harm they caused.

Our team includes experienced medical malpractice attorneys who work with top medical experts to build strong cases. And because we work on a contingency basis, you don’t pay unless we win.

Signing a consent form is an important part of receiving medical care, but it’s not the end of the story if something goes wrong. You are not waiving your right to sue just because you signed your name on a form.

If you believe you were harmed by a preventable medical error, even if you consented to the procedure, it’s worth speaking to a medical malpractice attorney. You may be entitled to compensation for your injuries, losses, and suffering.

Morgan & Morgan is here to help. For over 35 years, we’ve fought For the People, not the powerful, and we’ve recovered over $25 billion in the process. With an army of over 1,000 lawyers and offices in every state across the country, we can handle personal injury cases of any size in any state.

To get started, contact us today for a free, no-obligation case evaluation.