Can I File Medical Malpractice if Signed a Consent Form?

Before any major medical procedure, patients are informed of why the procedure is necessary, what will happen during the procedure, as well as the known risks of the procedure. Patients are then asked to sign a consent form stating that they wish to proceed, even knowing that information. However, at The Weitz Firm, LLC, we want you to know that you can still file a lawsuit in certain cases, even if you signed a consent form. Let our Philadelphia medical malpractice attorneys investigate your case and work towards securing the compensation you deserve.

Why is the consent form required?

When a medical professional wants to perform any medical procedure on a patient, they must inform the patient and obtain their consent (unless there is an emergency situation in which they cannot obtain consent to perform life-saving measures).

For complex medical procedures that could be risky for a patient, a doctor or surgeon must obtain informed consent from the patient (or their guardian) and have them sign a consent form. Informed consent is much more than just telling you what will happen during the procedure. Your doctor must have a conversation with you and discuss the following:

  • Your diagnosis
  • The recommended treatments and procedures for your diagnosis
  • The risks and benefits associated with the procedure
  • Risks of not receiving that course of treatment
  • All reasonable alternatives as well as their risks and benefits

After having that conversation, you can then choose to consent to the procedure or not. If a healthcare professional does not have that conversation touching on those details, or sends a lesser-qualified person to discuss the treatment with you, they did not obtain informed consent.

Failing to fully explain the risks

Problems with informed consent often arise when a healthcare professional fails to explain the risks associated with the procedure. If a patient ends up with an injury or illness they should have known was a possibility but were never told about, they may have a medical malpractice case.

Signing a consent form also does not excuse a medical professional’s negligent or careless actions while performing a procedure. Medical mistakes are the third leading cause of death in this country, killing approximately 250,000 people each year. When a doctor or surgeon fails to provide the minimum standard of care to their patient, they could be held responsible for injuries and illnesses that occur.

Let us help you get through this

If you or someone you love has been injured due to the careless or negligent actions of a medical professional, seek legal assistance immediately. A consent form does not give medical professional immunity from facing a lawsuit. At The Weitz Firm, LLC, we will investigate what happened in your case and work to recover the compensation you need, including:

  • Compensation for all medical expenses related to the error(s)
  • Coverage of lost income and benefits if you cannot work
  • Loss of enjoyment of life damages
  • Pain and suffering damages
  • Punitive damages against the healthcare provider or agency responsible

If you need a Philadelphia medical malpractice attorney, you can contact us for a free consultation by clicking here or calling 267-587-6240.



    We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.