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Can you sue for medical malpractice if you signed a consent form?

On Behalf of | Jul 16, 2024 | Hospital Negligence

Medical malpractice occurs when a healthcare provider provides inadequate care, harming or injuring a patient. This can involve errors in diagnosis, treatment, follow-up care, or health management.

The purpose of a consent form

You may sue for medical malpractice even if you signed a consent form. Patients often sign consent forms before undergoing medical procedures, which outline the potential risks involved. However, signing a consent form does not necessarily prevent you from suing for medical malpractice.

If a healthcare professional fails to meet the standard of care and causes harm, you may still have a valid malpractice claim. For instance, if a surgeon makes an error during surgery that a competent surgeon would not have made, you may sue for medical malpractice despite signing a consent form. To ensure that a lawsuit is possible, you may want to seek a legal professional who can review your case.

Can the hospital deny medical malpractice claims?

Yes, a hospital might deny that medical malpractice occurred. The hospital may state these commonly used reasons for the denial:

  • Dispute over standard of care
  • Lack of causation
  • Insufficient evidence
  • Known risks

Hospitals and healthcare providers often deny malpractice claims for several reasons. However, a denial from the hospital does not mean that you are without options. 

Taking legal action

If you think you are a potential victim of medical malpractice, know that you have legal options. Pursuing a lawsuit may seem overwhelming. With the proper legal guidance, you can build a case, prove your claim, pursue justice and increase your chances of a more favorable outcome.

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