When you visit a doctor’s office, hospital, or any other medical facility, you are always required to sign some type of paperwork. While many individuals are aware of the fine print they are signing, those under severe stress may not think twice before signing.
Sometimes, a healthcare professional acts negligently after their patient signs a consent form, putting the patient at risk of harm they did not actually consent to. If you’re wondering whether you can sue for medical malpractice in Ohio after signing an informed consent form, get in touch with a member of the legal team at Tittle & Perlmuter.
Understanding Consent Forms
The law requires medical providers to gather consent from patients before performing any medical procedure or administering any treatment, ranging from check-ups and vaccinations to any type of surgery. Signing a consent form confirms that the patient is agreeing to undergo the procedure needed and understands its implications. Similarly, the physician must also verbally inform the patient as to why they need this procedure, the outcome, and the risks included but cannot do so in lieu of a signed consent form.
It is natural to trust medical professionals because of their title, as it indicates years of education and training, but this puts people in a tough spot when they encounter any form of medical malpractice. Whether it be an accident or negligence, there are instances where medical professionals who have gather consent forms harm their patients during a procedure or while overseeing their care. When this happens, patients have a right under Ohio law to seek compensation for their injuries.
If I Submitted a Consent Form, Does that Mean I Can’t File a Medical Malpractice Claim?
It is important for all individuals who have suffered from medical malpractice to become knowledgeable of the law and contact an attorney immediately. Our team of legal professionals can confirm whether you have a valid medical malpractice claim, regardless of any informed consent form, and help you gather appropriate evidence.
If a healthcare provider acts on anything beyond what was agreed upon, they can be held liable for medical negligence. If a doctor performs a procedure that was not discussed in the consent form, this can also be a reason to sue, regardless of whether it was deemed ‘successful.’ If you or a loved one underwent a procedure that was not necessary for the condition, or there was a mistake or misunderstanding that could have been avoided if the healthcare professional had acted according to medically accepted standards, you may have a right to file a lawsuit.
However, medical professionals in Ohio can argue against claims when it was an emergency or life-threatening situation where the patient was not able to give consent.
Let Our Team Help You File a Claim
It is important to remember that singing an informed consent form is not a deal-breaker for civil litigation in Ohio, and you may still be able to file a medical malpractice claim for the healthcare provider’s negligence. Speaking with an attorney about your options, evidence, and how you can recover your losses can help you better understand how to proceed in your best interests. Ask our legal team about whether you can sue for medical malpractice in Ohio despite having signed an informed consent form.