Have I Waived My Rights to a Malpractice Suit by Signing a Consent Form?
Short answer: No.
A consent form does not give the health care provider a license to commit malpractice. While the signing of a typical consent form indicates acknowledgment of the stated risks and complications associated with a procedure, it does not relieve the health care provider from the duty of meeting the standard of care associated with that procedure.
If you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and that you were injured as a result, you may still recover damages. You may also have a claim that the procedure the physician performed went beyond the consent you gave, in which case the doctor might even be liable for battery (the unauthorized touching of a person).
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