A properly written consent form will protect a health care provider and health care facility only from medical malpractice claims based on procedures and complications that are clearly described in the form.

A patient, or a patient’s family member, may still have grounds for submitting a medical malpractice insurance claim or civil lawsuit if the harm resulted from a procedure or complication that was not disclosed in the consent form. Also, health care providers and health care facilities that act negligently or fail to comply with applicable regulation can face medical malpractice claims no matter what a consent form says.

EJL