ABA Family Legal Guide

Personal Injury

Negligence

Medical Malpractice

If the consent form is considered valid, can I recover any damages in a malpractice action against my doctor?

Yes, you still may be able to recover damages. A consent form does not release from liability a physician who did not perform the operation following established procedures or who was otherwise negligent. You may also have a claim that the surgery performed went beyond the consent you gave. In such a case, the doctor might even be liable for battery.