A signed consent form gives a doctor permission to perform a specific procedure after explaining the known risks, possible complications, and any alternatives. But signing this form doesn’t mean agreeing to careless mistakes or preventable harm. It also doesn’t excuse a doctor from having to follow accepted standards of care. If a surgeon makes a serious error or doesn’t perform a procedure as explained, the form won’t protect them.
In Arizona, a consent form doesn’t cancel out your right to file a malpractice claim. The details of your case and the ways in which the surgery went wrong still matter.
How Arizona Law Defines Informed Consent
Before a doctor performs a surgery in Arizona, they are required to explain the nature of the procedure, the risks involved, and any reasonable alternatives. The explanation must be clear enough for a patient to understand and make an informed choice. Informed consent is not just a signature on a form—it’s a process. The provider must give enough information for the patient to decide for themselves whether to move forward. If a doctor rushes through their explanation or fails to mention a major risk, that could fall short of the legal standard expected of them.
When Informed Consent Doesn’t Protect the Surgeon or Hospital
Informed consent does not give doctors a free pass to do what they please or behave carelessly. If a surgeon acts without care, operates on the wrong site, or uses a technique that doesn’t follow accepted standards, that can still count as malpractice. Hospitals may also face liability if they allow unqualified providers to perform procedures.
Consent forms don’t excuse medical errors that go beyond known risks. They also don’t cover procedures you haven’t agreed to. If you suffered harm from a mistake rather than a known and explained risk, the consent form you signed likely won’t protect your provider.
Why the Fine Print Doesn’t Always Hold Up in Court
Signed consent forms don’t give doctors blanket protection from liability. If a form is too broad or full of medical jargon, the courts may decide it didn’t give the patient a clear understanding of the risks. Evidence that the signature was rushed, especially if it was obtained right before surgery, can also raise red flags. If the provider didn’t fully answer the patient’s questions or explain all the relevant details, the court may view that as a failure to inform. Ultimately, if a provider doesn’t follow informed consent rules, a signed form may not protect them.
Surgical Issues That May Still Support a Malpractice Case
Even with a signed consent form, many surgical mistakes can lead to valid malpractice claims. Arizona law does not protect doctors when medical errors lead to complications that go beyond informed risks. Here are some examples of those kinds of issues:
- Wrong-site surgeries
- Surgical tools left inside the body
- Incorrect procedures performed
- Unqualified providers performing surgery
- Missed signs of serious complications
- Surgeries done without specific consent
What to Do If You Suspect Malpractice After Surgery in Arizona
If something feels off after a surgical procedure, trust your instincts and take action. Start by requesting copies of your medical records and your signed consent form(s). Write down what happened before, during, and after the procedure while it’s still fresh in your mind.
Next, talk to a trusted malpractice lawyer. They can help you review the right evidence and get a second medical opinion if necessary. The sooner you act, the better your chances of proving what went wrong and building a strong case.
If you believe your surgeon made a serious mistake, Gill Law Firm can review your case and explain what kind of response makes sense. Contact us today for a free initial consultation with our experienced legal team.