ABA Family Legal Guide

Personal Injury

Negligence

Medical Malpractice

I signed a consent form before my doctor performed surgery. What did it really mean?

It is standard practice in hospitals for patients to sign a form giving the doctor their consent, or approval, to perform surgery. In the form, the patient usually consents to the specific surgery as well as to any other procedures that might become necessary. Before you sign it, your doctor should give you a full description of the surgery and the risks involved, as well as the ramifications of forgoing such treatment.

If you can prove that your physician misrepresented the facts or failed adequately to inform you of the risks and benefits before surgery, your consent may be invalid. The only time the law excuses doctors from providing such information is in emergencies or when it would be harmful to a patient. But even if your doctor should have secured your consent and did not, you still may not automatically recover damages. You may still have to prove that if adequately informed, a reasonable person would not have consented to the surgery.