Consent forms are a standard procedure before undergoing any medical treatment, designed to ensure that patients are informed about the risks and benefits associated with a procedure so that they can make fully informed decisions before proceeding.
As lawyers, our clients are often confronted with the effect of signed consents on their rights to pursue legal action should the outcome of a procedure or treatment result of injury or disability. The answer is nuanced and depends heavily on the circumstances surrounding the medical treatment and the nature of the consent.
Understanding Informed Consent
Informed consent is a foundational principle in both medical ethics and Australian law, requiring that patients receive adequate and clear information about their treatment. This includes understanding the:
- Nature of the procedure
- Potential risks and benefits
- Alternatives to the proposed treatment
- The risk of adverse outcomes
Consent forms are intended to document the process by the medical practitioner in obtaining informed consent.
Consent Does Not Waive Liability
It’s important to understand that signing a consent form does not waive a healthcare provider’s obligation to meet the standard of care required by law. If a patient experiences harm because of negligence or a failure to meet requisite standards, they may still have grounds for a claim, despite having signed a consent form.
Examples of Medical Negligence Despite Consent
- Inadequate Procedure: If the medical practitioner performs a procedure incorrectly, regardless of consent to the risks, they may be liable.
- Failure to Inform: If a significant risk is not disclosed that would have led a reasonable person in the patient’s position to refuse the procedure, there may be grounds for a claim.
- Consent Under Duress: Consent given under pressure or without the option for proper consideration (such as emergency scenarios) may not be valid.
Legal Action After Obtaining Signed Consent
If harm occurs during a procedure or treatment after signing a consent form, it does not automatically it does dt mean that the medical practitioner cannot be held liable for the results of an adverse outcome. The key issues to be examined include:
- Whether the consent was truly informed
- Whether the medical professional deviated from the standard practice in a way that caused harm
- If the harm would have been prevented in the exercise of proper clinical practice
Patients who feel they have been harmed due to negligence should seek legal advice. It’s crucial to discuss your situation with a solicitor who can provide guidance based on the specifics of your case.
Conclusion: Your Rights are Paramount
Signing a consent form is part of the process of medical treatment, intended to enhance your understanding, not diminish your rights. If you believe that your outcome reflects a breach of duty or negligence, despite having given informed consent, you may still have options for recourse.
If you or someone you know has been affected by what you believe to be medical negligence, it’s important to speak to a specialist who can help clarify your rights and options. Contact The Law Office of Conrad Curry at (02) 4050 0330 or book an appointment online for a free, no-obligation consultation. Our experienced team is ready to support you through your claims process with empathy and expertise.
