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If a consent form was properly explained and signed, it is unlikely that you can sue for malpractice or lack of informed consent.
If the consent form was not filled out properly by the physician, is poorly written, or not complied with, it may allow for you to pursue a malpractice lawsuit. For example, a poorly written consent form may omit important risks or complications.
Before a doctor treats a patient in any way, they have to explain every important piece of treatment. Explanations are owed to the patient, guardian, or legal representative. This information will include the following:
When this information is understand by a patient, they are considered informed enough to move forward with treatment. In the state of Indiana, informed consent is required. However, it does not have to be in writing.
In cases where consent doesn’t have to be in writing, a consent form adds proof that consent was given. Be careful though: Signing any old form is not the same thing as informed consent. Be sure that any form that requires a signature is properly explained beforehand.
Any action that goes beyond what a patient agreed to in the consent form could be considered negligence.
For example, a doctor can’t perform a different procedure than the one agreed to in the consent form unless it was required in the middle of a procedure. Even if the new procedure was a success, it was not consented to. A patient can also sue if the procedure was unnecessary or a mistake.
The only exception to this requirement of consent is in emergency situations. If a patient is incapacitated and emergency treatment is required, a doctor can make a decision without consent.
If you signed a consent form, it can be difficult to determine whether you can sue your doctor for medical malpractice. Don’t go through this process alone. An attorney can help you.
If believe that you or a loved one have been injured as a result of medical malpractice, contact the Indianapolis Medical Malpractice Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you build your case and fight for the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.