Yes, you can still sue even if you signed a medical consent form. While consent forms document that you were informed about risks and agreed to a procedure, they do not protect healthcare providers from liability for negligence, fraud, or substandard care.
If you signed a consent form in Florida but believe you were harmed by medical negligence, consulting with a Florida medical malpractice lawyer can help determine if you still have grounds for a valid legal claim despite the signed form.
Understanding Medical Consent Forms And Their Limitations
Medical consent forms are designed to document the informed consent process, but they have specific purposes and limitations that patients should understand. These forms do not give healthcare providers unlimited protection from liability.
A typical medical consent form serves several important functions:
- Documents that discuss the risks, benefits, and alternatives were discussed with the patient
- Confirms the patient’s agreement to undergo the proposed procedure
- Acknowledges that the patient understands the information provided
- Creates a record of the communication between the provider and the patient
- Establishes that the patient was not forced into the decision
While these forms are legally significant, they are not absolute waivers of your rights. The mere signing of a consent form does not automatically prevent you from filing a lawsuit if something goes wrong. The key question is whether your consent was truly “informed” and whether the provider acted negligently regardless of your consent.
Limits to Consent Form Protections
Several factors limit the protection that consent forms provide to healthcare providers:
- Consent forms only cover risks that were properly disclosed and explained
- They do not protect against negligence in performing the procedure
- They cannot excuse deviations from the standard of care
- They do not cover risks that were not known or reasonably foreseeable
- They may be invalid if obtained through misrepresentation or duress
It’s also important to understand that consent forms are only as effective as the informed consent process they document. If a healthcare provider rushed through explanations, used medical jargon you couldn’t understand, or failed to adequately answer your questions, the informed consent process may have been inadequate despite your signature on the form.
The purpose of informed consent is to respect patient autonomy and allow patients to make educated decisions about their healthcare. When providers fail to fulfill this purpose, consent forms may not provide the legal protection they otherwise would.
When You Can Still Sue Despite Signing A Consent Form
There are several specific circumstances under which you can still sue even if you signed a consent form. Understanding these exceptions can help you determine whether your situation might qualify for legal action.
Medical Negligence During The Procedure
One of the most common bases for lawsuits is negligence in performing the procedure itself. Even if you consented to all known risks, you did not consent to:
- Procedures performed with substandard skill or care
- Preventable errors during surgery or treatment
- Failure to monitor vital signs appropriately
- Use of improper techniques
- Mistakes in medication administration
- Equipment misuse or malfunction due to poor maintenance
For example, if you consented to surgery and were informed that infection is a risk, you might not have a claim if you develop an infection despite proper sterile technique. However, if you develop an infection because the surgical team failed to follow basic sterilization protocols, that constitutes negligence regardless of your consent to the general risk of infection.
Inadequate Disclosure
Inadequate disclosure of risks presents another major exception to consent form protection. A valid claim may exist if:
- Significant risks were not disclosed before you signed the form
- The provider minimized or downplayed serious risks
- Information about alternative treatments was withheld
- The explanation of risks was too general or vague
- Specific risks relevant to your personal medical history were not addressed
- The form itself was misleading or incomplete
Courts generally consider whether a reasonable patient would have considered the undisclosed information important in deciding whether to proceed with the procedure. If you can demonstrate you would have declined the treatment had you known all the risks, you may have a viable claim.
Misrepresentation
Misrepresentation or fraud can invalidate consent forms. This may occur when:
- The provider made false statements about their qualifications or experience
- Success rates were exaggerated or falsified
- The provider promised specific results that were not delivered
- The true purpose of the procedure was concealed
- Information was deliberately withheld to encourage consent
Incapacity to Consent
If you signed a consent form while under duress or without the capacity to understand, the form may be invalid. This includes situations where:
- You were medicated, and your judgment was impaired
- You were in severe pain when presented with the form
- You were pressured to sign without adequate time to consider
- You have cognitive limitations that weren’t accommodated
- The form was written in a language you don’t understand
- You were not given the opportunity to ask questions
Additionally, if the procedure performed differs significantly from what you consented to, the form doesn’t cover the actual procedure. This includes unauthorized additional procedures or substantial deviations from the agreed-upon approach.
Contact The Law Offices Of Anidjar & Levine Today
If you’ve suffered harm from a medical procedure despite signing a consent form, you don’t have to face this challenge alone. Our experienced Florida medical malpractice attorneys understand the nuances of consent form cases and are ready to evaluate whether you may still have grounds for a valid legal claim.
Contact us today for a free, no-obligation consultation to discuss your case. We can tell you if you can still sue despite signing a medical consent form for your procedure. Don’t assume that a signed consent form automatically prevents you from seeking legal recourse.
Reach out to The Law Offices of Anidjar & Levine to speak with a Florida medical malpractice lawyer who will thoroughly evaluate your situation and stand by your side throughout the legal process if you have a valid claim.
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