If you signed an informed consent form before your medical procedure, you might believe you’ve waived your right to hold your doctor accountable for what went wrong. This is one of the most dangerous misconceptions in medical malpractice law—and it could cost you the compensation you deserve.
Here’s the truth: Informed consent is not a liability shield for medical negligence.
In New York, informed consent serves a specific, limited purpose: to ensure you understand the known risks of a procedure before agreeing to it. What it does not do is give your healthcare provider a free pass to deliver substandard care, make preventable errors, or deviate from accepted medical standards.
Yet every day, injured patients walk away from valid malpractice claims because they mistakenly believe their signature on a consent form eliminates their legal rights. Healthcare providers and insurance companies benefit from this confusion—but you don’t have to accept it.
Whether you suffered surgical complications, a misdiagnosis, medication errors, or another form of medical harm, the consent form you signed does not automatically protect the healthcare provider from accountability. The key question isn’t whether you consented to treatment—it’s whether the treatment you received met the standard of care required under New York law.
In this article, we’ll cut through the confusion surrounding informed consent and medical malpractice claims. You’ll learn exactly when you can still pursue legal action, what New York law requires to prove negligence, and how to protect your right to compensation even after signing consent documents.
At The Pagan Law Firm, we stand with patients and families throughout New York—including the Bronx, Brooklyn, Queens, and Westchester County—and across New Jersey. Our team is dedicated to helping you understand your rights and pursue the compensation you deserve. Reach out today at 212-967-8202 to discuss your situation and take the first step toward holding negligent providers accountable.
👉 Also Read: Informed Consent vs. Medical Negligence in New York: Recognizing the Warning Signs
Understanding Informed Consent in Medical Treatment
Informed consent is a fundamental patient right—not a liability waiver. At its core, this legal and ethical requirement ensures you can make voluntary, educated decisions about your healthcare.
What Informed Consent Actually Requires
Under New York law, your healthcare or medical provider must give you:
- A clear explanation of the proposed treatment or procedure
- A discussion of material risks and potential complications
- Information about expected benefits and likely outcomes
- Available alternatives, including the option of no treatment
This isn’t a formality or a checkbox exercise. Organizations like the American College of Surgeons mandate that medical information be presented clearly and compassionately, ensuring patients truly understand what they’re agreeing to. In teaching hospitals, this includes disclosure about whether medical students or residents will participate in your care.
What Informed Consent Does NOT Cover
Here’s the critical distinction: informed consent means you acknowledge that known risks exist—not that you accept substandard medical care. Your signature confirms you understand what could go wrong under competent treatment. It does not forgive what should never go wrong due to negligence, carelessness, or deviation from accepted medical standards.
You can consent to a surgery and its inherent risks while still retaining your full legal right to hold your surgeon accountable if they operate on the wrong body part, leave surgical instruments inside you, or make preventable errors during the procedure.
As medical education evolves and consent practices improve, the emphasis remains on meaningful communication tailored to each patient’s needs—not on obtaining blanket protection from malpractice claims.
👉 Also Read: Legal Rights: The Role of Informed Consent in Medical Malpractice Cases
Situations Where You Can Still Sue After Giving Informed Consent
Even after signing a consent form, you can file a medical malpractice claim in New York when your healthcare provider’s negligence causes injury. The critical factor is proving that the provider’s actions—not the inherent risks you were warned about—directly caused your harm.
Three scenarios allow you to pursue a claim despite having given informed consent:
Failure to Properly Disclose Risks or Alternatives
Informed consent is only valid when it’s truly informed. If your healthcare professional failed to disclose material risks, potential complications, or reasonable treatment alternatives before your procedure, the consent you signed may be legally invalid.
Under New York law, your doctor must explain:
- All material risks associated with the proposed treatment
- Reasonable alternatives to the recommended procedure
- The consequences of declining treatment
When this disclosure is inadequate or missing entirely, you retain the right to file a malpractice claim. For example, if you underwent surgery without being informed about the risk of nerve damage, and that injury occurs, you may have grounds for a lawsuit based on lack of informed consent—even if the procedure itself was performed competently.
Deviations from the Accepted Standard of Care
The standard of care represents the level of skill, care, and treatment that a reasonably competent healthcare professional would provide under similar circumstances. Your consent form does not excuse your provider from meeting this standard.
Common deviations include:
- Misdiagnosis or delayed diagnosis of serious conditions (heart disease, cancer, stroke)
- Administering the wrong medication or incorrect dosages
- Failing to order necessary tests or provide appropriate follow-up care
- Birth injuries caused by improper obstetrical techniques
Even if you consented to a specific procedure, you did not consent to substandard execution of that procedure. When a healthcare provider’s actions fall below what the medical community considers acceptable practice, you have grounds for a malpractice claim—regardless of any signed consent form.
Preventable Errors During the Procedure
Surgical and procedural errors caused by negligence remain actionable even when you’ve given informed consent. These “never events”—mistakes that should never happen under competent care—include:
- Leaving surgical instruments or sponges inside the patient’s body
- Operating on the wrong body part or wrong patient
- Anesthesia errors causing brain damage, cardiac arrest, or fetal distress
- Perforating organs during routine procedures
- Post-surgical infections due to unsanitary conditions
These errors are not “known risks” you acknowledged by signing a consent form. They represent failures in basic medical competence. If you suffer brain injury, permanent disability, or other serious harm due to a preventable error, you have every right to seek compensation through a medical malpractice lawsuit.
Proving Medical Malpractice in New York
To succeed with a medical malpractice claim in New York, you must prove four essential elements. Each component must be established with credible evidence, often requiring expert medical testimony.
Duty of Care
You must demonstrate that a doctor-patient relationship existed, creating a legal obligation for the healthcare provider to treat you with reasonable skill and care. This duty arises when a provider agrees to treat you and you accept that treatment.
Breach of the Standard of Care
You must prove that your healthcare provider’s actions fell below the accepted standard of care—meaning they failed to provide the level of treatment that a reasonably competent medical professional would have provided under similar circumstances.
This is typically established through expert witness testimony from qualified medical professionals in the same specialty. These experts explain what should have been done and how the defendant’s actions deviated from accepted medical practice.
Causation
You must establish a direct link between the provider’s breach and your injury. It’s not enough to show that your doctor made a mistake—you must prove that the mistake directly caused your harm. This is often the most challenging element, as healthcare providers may argue that your injury resulted from an underlying condition or an unavoidable complication rather than their negligence.
Damages
Finally, you must prove that you suffered actual, quantifiable harm as a result of the malpractice. Recoverable damages may include:
- Economic damages: Medical expenses, rehabilitation costs, lost wages, and reduced earning capacity
- Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability
- In cases of wrongful death: Funeral expenses and loss of companionship
Why Legal Representation Matters
Medical malpractice cases are among the most complex areas of personal injury law. Successfully proving all four elements requires thorough investigation, credible expert witnesses, extensive medical record analysis, and strategic litigation experience. An experienced New York medical malpractice attorney can evaluate your case, secure qualified experts, and build the compelling evidence needed to pursue maximum compensation.
The Role of Expert Testimony in New York Medical Malpractice Cases
In New York, expert witnesses play a critical role in medical malpractice cases by explaining what constitutes the standard of care and determining whether a healthcare professional’s actions deviated from it. Their expertise helps jurors and judges navigate complex medical issues, making clear, understandable explanations essential for informed decision-making in court.
These experts carefully review medical records, treatment decisions, and patient outcomes to assess whether negligence occurred. Their objective evaluations are often pivotal to the success of a malpractice claim, as they establish whether the care provided met accepted medical standards. The credibility and reputation of an expert witness can heavily influence the outcome of a case, highlighting the importance of selecting well-respected professionals.
Expert testimony serves as a bridge between intricate medical concepts and the legal standards required to prove negligence. Without it, jurors and judges would struggle to understand the nuances of medical care and identify deviations that constitute malpractice, making it a cornerstone of any strong medical malpractice claim.
Statute of Limitations for Medical Malpractice Claims in New York
In New York, the standard time limit for filing a medical malpractice lawsuit is two years and six months from the date of the alleged negligent act or from the end of continuous treatment for the same condition. Missing this deadline generally bars you from pursuing a claim, making it essential to act promptly if you believe you have experienced medical negligence.
If the alleged malpractice occurs during ongoing treatment, the statute of limitations does not begin until the treatment concludes. This ensures that patients receiving long-term care are not unfairly prevented from seeking justice.
For minors, special rules apply. Claims for medical malpractice involving a child generally must be filed within two years and six months after the child turns 18, effectively extending the filing period. In certain cases, claims can be pursued up to 10 years after the malpractice occurs, providing additional protection for young patients.
Understanding and adhering to these deadlines is critical. Missing the statute of limitations can permanently prevent recovery, even in clear cases of negligence. Consulting with the best medical malpractice lawyer helps ensure your claim is filed correctly and on time, preserving your right to seek compensation.
Types of Compensation Available in Medical Malpractice Cases
In New York, individuals who successfully prove medical malpractice may be entitled to several types of compensation designed to address the physical, emotional, and financial impact of negligent care. Understanding the range of recoverable damages can help victims and their families make informed decisions about pursuing a claim.
Economic Damages
Economic damages are intended to cover quantifiable financial losses resulting from medical negligence. This includes medical expenses related to the injury, ongoing or future healthcare costs, lost wages due to the inability to work, and loss of earning capacity if the injury affects long-term career prospects.
Non-Economic Damages
Non-economic damages compensate for intangible losses that do not have a specific dollar amount but significantly affect quality of life. Examples include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship in cases of severe injury or death.
Punitive Damages
Punitive damages are awarded in rare cases where the healthcare provider’s conduct was particularly reckless or egregious. These damages are intended to punish the wrongdoer and deter similar behavior in the future, rather than to compensate the victim for losses.
Specialized Damages
Depending on the circumstances, courts may also award compensation for rehabilitation costs, home modifications, assistive devices, or other expenses necessary to accommodate long-term disabilities caused by malpractice.
Securing full compensation often requires a detailed analysis of the victim’s medical records, financial impact, and personal circumstances. Top medical malpractice lawyers can help assess the potential value of a claim and ensure that all applicable damages are pursued.
👉Also Read: Navigating Legal Redress: Your Guide to Choosing a Violation of Patient Consent Lawyer
How Our Experienced New York Medical Malpractice Attorneys Can Help
Navigating a medical malpractice claim can be complex, especially when dealing with the emotional and physical aftermath of an injury. Our New York medical malpractice lawyers provide guidance and support throughout every step of the process, helping you understand your rights and pursue the compensation you deserve.
We begin by thoroughly reviewing your case, examining medical records, treatment histories, and any expert reports to determine whether negligence occurred. Our team then advises you on your legal options, potential outcomes, and the most effective strategies for pursuing your claim.
In addition to case evaluation, we assist with gathering evidence, identifying and consulting expert witnesses, and preparing all necessary legal filings. Our medical malpractice attorneys advocate on your behalf during negotiations with insurance companies, and if necessary, represent you in court to ensure your interests are fully protected.
By combining legal knowledge with a deep understanding of medical malpractice issues, we help clients in New York navigate the complexities of the system while seeking the best possible outcome. From initial consultation to final resolution, we are committed to providing attentive, professional, and results-driven legal support.
👉 Also Read: Understanding Your Rights: Legal Action for Failure to Provide Informed Consent in Medical Treatment
Protect Your Rights in New York—Speak with The Pagan Law Firm Today
If you or a loved one suffered an injury despite signing an informed consent form, you should not assume that your legal rights are waived. In New York, informed consent ensures you understand the risks of a procedure, but it does not protect healthcare providers from negligence. The key question is whether the care you received met the standard required by law—and if it did not, you may have grounds for a medical malpractice claim.
At The Pagan Law Firm, our experienced New York medical malpractice attorneys are dedicated to helping patients and families navigate these complex cases. We evaluate your situation, gather critical evidence, and connect you with trusted expert witnesses to build a strong case. Whether your claim involves surgical errors, misdiagnosis, medication mistakes, or other forms of preventable harm, we are committed to protecting your rights and pursuing the compensation you deserve.
Time is critical. Missing the statute of limitations can permanently bar your claim. Contact The Pagan Law Firm today to schedule a consultation and take the first step toward holding negligent healthcare providers accountable. We are here to guide you through the process with clarity, support, and a focus on achieving the best possible outcome for you.
Frequently Asked Questions
How does informed consent affect a medical malpractice suit in New York?
In New York, informed consent does not prevent a patient from filing a medical malpractice lawsuit. Its primary purpose is to ensure that a patient understands the known risks, benefits, and alternatives of a proposed medical procedure before agreeing to it. Signing a consent form indicates that you were informed, but it does not give a healthcare provider a free pass to act negligently.
In a malpractice suit, the focus is on whether the healthcare provider met the accepted standard of care. Even if you gave informed consent, you can pursue a claim if:
- The provider failed to disclose material risks or alternatives, making the consent legally inadequate.
- The provider’s actions deviated from the standard of care, such as performing a procedure incorrectly or providing substandard treatment.
- Preventable errors occurred during treatment, such as operating on the wrong site, leaving surgical instruments inside the body, or causing complications due to negligence.
Essentially, informed consent acknowledges awareness of known risks but does not excuse negligence. If a provider’s mistake causes injury beyond what was disclosed or expected, you retain the right to seek compensation under New York medical malpractice law.
Can signing an informed consent form prevent a medical malpractice claim in New York?
In New York, signing an informed consent form does not prevent a patient from pursuing a medical malpractice claim. The purpose of informed consent is to ensure that patients understand the known risks, benefits, and alternatives of a proposed procedure before agreeing to it. While signing the form confirms that you were informed, it does not protect a healthcare provider from liability for negligence.