The consent form your family member signed before the surgery contained pages of potential risks and complications. Unfortunately, none of those warnings covered what actually occurred: apparent medical negligence that caused serious, avoidable injuries.
Understanding the true legal impact of that signed consent form is crucial to determining your family’s path forward.
What does a consent form cover?
Consent forms are a standard part of medical care. Doctors use them to explain the risks, benefits and any available alternatives to the treatment or procedure.
A consent form typically indicates that you have agreed to a treatment or procedure and understand the associated risks. However, it does not imply that you have accepted any substandard care or errors. signing a consent form does not give doctors a free pass to act carelessly.
Medical professionals still must meet a certain standard of care. If they act recklessly or make an error that goes beyond the listed risks, you may have a case for medical malpractice.
When can you sue after signing a consent form?
You may still take legal action if:
- The injury resulted from something not explicitly listed in the consent form
- The doctor failed to explain important risks or adequately address your questions
- The healthcare provider made an avoidable error during treatment
- The staff either ignored proper procedures or failed to diagnose a condition
Kentucky law protects patients’ rights to sue for malpractice, even if they signed a consent form. The courts look at whether the care met accepted standards, not just the paperwork.
Your next steps forward
Kentucky has specific rules governing medical malpractice cases. The state requires expert testimony to prove that medical care fell short of accepted standards. You must also file your case within one year of discovering the injury, subject to certain exceptions.
If you believe medical negligence harmed your loved one, do not hesitate to seek compensation, even if you signed a consent form. Consider consulting an experienced attorney who can guide you through your options and advocate for your family’s well-being.