Informed consent means that your doctor lets you know everything about the potential benefits, risks, or complications that comes with the procedure, test or course of treatment that they are recommending for you. It means that the doctor explained the risks to you and you understand them and have the information to make the best decision about your medical treatment.
Informed consent does not release your health-care provider from liability if you are hurt because of their substandard care. You are still entitled to the standard of care for your procedure, treatment, diagnosis, etc. and the doctor, hospital, HMO - they still have to follow the rules that apply.
If you were seriously injured from the medical treatment, then in a medical malpractice case, we need to show that the doctor (or hospital or HMO) did not comply with the standard of care - in other words, did not follow established patient safety rules, and that you were injured as a result - this test has nothing to do with whether or not you've signed a consent form.
Simply put, if you can prove that the doctor deviated from the standard of care, and that you were injured as a result, you may still have a claim for medical malpractice against the one responsible - whether it is a doctor, nurse or hospital. And, this is still true even if you've signed a consent form. If they didn't notify you of the risks of the procedure, you may also have a separate reason for holding them accountable for the injuries, because they have a duty to give you al of the information.
Check out some of our videos, like Determining If You Are a Victim of Malpractice to learn more. If you feel you were harmed due to the negligence of your doctor or hospital, give us a call at 202-393-3320 and we can get started giving you the help you need TODAY.