Can You Sue Your Dentist After Signing a Consent Form?

Blog submitted by Dane Levy, Attorney of Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

In our culture, consent forms seem like an impenetrable shield against lawsuits. Signing an informed consent form is a signifier that you accept the risks associated with certain activities and take responsibility for any mishaps that may happen. While most would agree that this practice makes sense, where does it leave patients who have suffered severe injuries at the hands of a negligent dentist?

Many dentists make their patients sign informed consent forms before risky procedures. Does this make them immune to justified lawsuits from disgruntled patients? According to the laws surrounding dental malpractice, not necessarily. According to the website of renowned dental malpractice attorney Dane Levy, there are circumstances in which patients can win malpractice suits even after signing consent forms.

Patients have not truly given their “informed consent” if they have not been adequately informed of the risks and options related to a procedure. Even if a patient signs a form, a dentist is still accountable for properly explaining all the risks inherent to the procedure. Furthermore, a consent form does not excuse dentists from meeting the dental community’s accepted standard of care. If you can prove that your dentist caused your injuries by not following accepted dental procedures and not through the inherent risks of the procedure, you can still win a dental malpractice case.

If you believe you have a good case against your dentist, be sure to consult with a dental malpractice lawyer today. A good attorney can help you assess whether it is a good idea to take your case to court.