If I signed a consent form prior to a procedure, can I recover any damages in a malpractice action against my doctor?

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Yes. Even if a consent form was signed, you still may be able to file a medical malpractice claim against your doctor. You should seek the advice of a skilled Louisville medical attorney, who can review the specifics of your particular case to determine if a medical malpractice claim may be able to recover damages for you. 

The Meaning of a Signed Consent Form 

Generally, a consent form provides the doctor with the go-ahead to perform the treatment. It doesn’t, however, give physicians the right to act irresponsibly and negligently while performing a medical procedure. 

Louisville medical malpractice attorneys will tell you a signed consent form doesn’t necessarily mean the patient was fully apprised of the risks. Informed consent requires a doctor to discuss the procedure and dangers with the patient, who must understand the possibilities of a negative outcome to its full extent. 

Informing Patients of Important Risks 

The number of risks associated with a procedure may be endless and impossible to disclose. For that reason, doctors are not expected to know every possible risk but are expected to inform patients of the important ones. 

An important risk may be determined by whether or not most competent doctors would have disclosed the risk and the patient would have chosen not to undergo the procedure knowing this risk. 

Consult with a Louisville Medical Malpractice Attorney 

A doctor never has the right to negligently treat patients. At Gray & White Law, we represent clients who have suffered personal injuries at the hands of trusted medical personnel and have won some of the largest personal injury verdicts and settlements in Kentucky. Schedule a free consultation to discuss your medical malpractice claim with us today. Give us a call at 502-210-8942 or 888-450-4456.