You could sue for medical malpractice if you signed a consent form and your injury resulted from a medical error, and not a known risk. Informed consent is about ensuring that you fully understand the potential dangers of undergoing a medical treatment or procedure. Signing a consent form before surgery or treatment does not give a hospital or doctor a free pass to harm you.
At Marzella & Associates, our Harrisburg medical malpractice attorneys can determine whether you have a valid claim and fight to secure full compensation for your losses.
What Exactly is a Consent Form?
A medical consent form is supposed to confirm that you were told about the procedure, its risks, and its alternatives. The law requires that this consent be informed, meaning you had a chance to ask questions and understand what could happen. However, signing it doesn’t mean you agreed to:
- A doctor skipping steps or performing a procedure improperly.
- Being operated on without the skill or care expected from a competent professional.
- Errors that had nothing to do with the risks you were warned about.
In other words, informed consent does not protect providers from malpractice. If a surgeon leaves a sponge inside your stomach or a doctor fails to monitor your oxygen levels, those mistakes aren’t risks you agreed to because they are preventable errors.
Likewise, Pennsylvania law is strict about informed consent. State courts have ruled that consent must come directly from the physician and cannot be delegated to staff. Doctors must explain to you the nature of the procedure, the risks and complications, and alternatives, including doing nothing. If this explanation didn’t happen, or if the procedure performed wasn’t the one you consented to, you may have both a lack of informed consent claim and a malpractice case.
When Signing a Consent Form Does Not Block a Lawsuit
A signed consent form does not shield a hospital or doctor from accountability when negligence occurs. You may still have the right to sue if your provider failed to meet accepted medical standards, such as performing a procedure carelessly or overlooking basic safety steps. Consent is likewise invalid if you were not fully informed of serious risks that could have influenced your decision.
If the harm you suffered came from an error unrelated to the disclosed risks, such as wrong-site surgery or a medication mistake, the form does not excuse it. Additionally, if your consent was rushed, pressured, or not truly informed, the law recognizes that your signature alone cannot erase your rights.
Medical Malpractice Lawyers Build a Strong Claim
Consent forms and malpractice laws are complicated. Here’s how a Harrisburg medical malpractice attorney can fight for your rights:
- Reviewing your consent documents alongside your medical records to identify what you were and weren’t told
- Consulting medical experts to explain how your treatment deviated from accepted standards
- Proving the difference between assumed risk and preventable error
- Challenging hospital defenses, such as claiming you knew what could happen
- Building your case for damages so you’re not left paying for injuries caused by negligence.
Remember that signing a consent form doesn’t erase your rights. If your injury came from negligence, you may still have a malpractice claim under the law. The key is separating and proving accepted medical risk from avoidable error, and your attorney can do that.
Schedule a Free Consultation in Harrisburg
Discuss your case with our medical malpractice attorneys at Marzella & Associates in Harrisburg, PA by scheduling your no-cost consultation at 717-876-8681 or online.