Can I File a Medical Malpractice Claim If I Signed an Informed Consent?
If you signed an informed consent form before a medical procedure, you may be wondering whether you can still file a malpractice claim if something went wrong. The answer is yes—you may still have a case. Informed consent does not give healthcare providers a license to be negligent.
At Gold, Khourey & Turak, for nearly 50 years we’ve helped people across Ohio, West Virginia, and Pennsylvania understand their legal rights and pursue justice for medical injuries. If you suspect that you’ve been harmed by a healthcare provider’s negligence, here’s what you should know.
What Is Informed Consent?
Informed consent is meant to protect patients by ensuring they understand the risks, benefits, and alternatives of a treatment or procedure. It’s a conversation—often accompanied by a form—that allows you to make an informed decision about your care.
However, signing an informed consent form doesn’t mean you’ve waived your right to competent medical treatment. You’re entitled to care that meets accepted medical standards. If a provider falls short, and that failure causes harm, you may still have grounds for a medical malpractice claim.
When Informed Consent Doesn’t Prevent a Malpractice Case
Even if you signed an informed consent form, you may still be able to file a malpractice claim under the following circumstances:
1. Failure to Meet the Standard of Care
- If your healthcare provider failed to meet accepted medical standards—such as making a serious error or omission— and caused you harm you may have a valid case. Informed consent doesn’t protect providers from negligence.
2. Lack of Proper Disclosure
- If your doctor didn’t fully explain all relevant risks or alternatives, your consent may not have been valid in the first place.
3. Medical Errors or Negligence
- Surgical mistakes, medication errors, and misdiagnoses aren’t risks you consent to. These are preventable mistakes that can support a malpractice claim.
4. Misrepresentation
- If the provider misled you about the risks or downplayed potential complications, that can undermine the legitimacy of your consent.
5. Lack of Capacity to Consent
- If a patient wasn’t physically or mentally capable of understanding what they were consenting to, the form may not be legally binding.
How Gold, Khourey & Turak Can Help
If you’re unsure whether you have a malpractice claim—even after signing informed consent—GKT is here to help. Our experienced attorneys will:
- Review your case to determine whether the standard of care was breached
- Examine whether risks were adequately disclosed
- Work with qualified medical experts to support your claim
- Guide you through the legal process with straightforward, compassionate advice
Contact GKT Today
Medical malpractice cases are complex, especially when informed consent is involved. You don’t have to navigate it alone.
Call Gold, Khourey & Turak at (304) 845-9750, chat with us live online, or fill out our online form to schedule a free consultation. We’re available 24/7 to help you understand your rights.
When you want honest advice, GKT is the honest choice.
Need help? Get help. Get GKT.
Michelle Marinacci joined Gold, Khourey & Turak in 2018 bringing with her 20 years of litigation experience, including prosecuting and defending civil litigation cases and assisting in case decisions at the West Virginia Supreme Court of Appeals.
