I signed a consent form. Can I still file a medical malpractice claim? | Shapiro, Washburn & Sharp

A signed consent form only protects a health care provider or medical facility from insurance claims or civil lawsuits based on the procedures and potential complications identified in the consent form.

A patient, or a patient’s family member, still has grounds for filing medical malpractice claims when harm results from an act of medical negligence.

In practical terms, no one can give informed consent to experiencing a misdiagnosis due to a failure to follow standard procedures, a surgical error, a prescription drug error or a regulatory violation. Doctors, nurses, dentists, surgeons, pharmacists, hospitals, clinics and nursing homes cannot be excused for negligently inflicting harm.