Personal Injury Attorney
Serving Nassau & Suffolk County, NY

I signed a consent form-did I just waive my rights?

In most cases, before undergoing professional medical care or treatment, a doctor needs to obtain from you informed consent except in emergency situations. Signing a consent form means that you as a patient have reasonable knowledge of the nature of whatever procedure you are about to undergo and that you fully understand the risks involved with it.

Medical professionals are obligated to fully inform you as a patient of all relevant information regarding the procedure to ensure you can make an educated decision. On the other hand, as the patient, even if you did not sign any consent form, you will need to prove that had you been properly informed as required, you would not have undergone the procedure to have a viable medical malpractice claim.

Thus, signing a content form will not waive your rights in and of itself. If the consent form does not cover all the relevant information it should or if you signed it without an adequate explanation, it could be considered void. Even signing a consent form, you cannot consent to inadequate care from hospital staff. A doctor's failure to practice the acceptable standard of care is not the same as consenting to the normal risks of a procedure.

If your doctor of other medical staff did not practice an acceptable standard of care before or before, during, or after your procedure, whether you signed a consent form, The Law Offices of Charles R. Gueli can help you file a malpractice claim for compensation.