Medical Malpractice:

Consent Forms and Recovering Damages

What Is a Consent Form?

Often, before surgery or other medical procedures, a hospital or doctor's will have you sign a consent form. This form states that you are consenting to the performance of these procedures on your person or that of someone whom you are legally allowed to make such decisions for, and that you are aware of the risks of that procedure. You may also sign a consent form to have your medical records released to someone else or to have your case published in a medical journal.

Consent Forms and Medical Malpractice

Signing a consent form does not automatically disqualify you from receiving medical malpractice damages. A consent form does not release a doctor who performed a procedure negligently from liability for that negligence. If you can establish that your doctor strayed from the applicable standard of care in performing the procedure and that you were injured as a result, you may still recover medical malpractice damages.