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Informed Consent: Signature Requirements

Nov 19, 2020 | Firm News, Informed Consent

If you are in need of a procedure to correct or alleviate a medical issue, it’s important that you are aware of all the risks involved with the treatment and recovery. By law, the physician that treats you must obtain your informed consent before providing you with any care that has the potential to disrupt your health even further.

There are several requirements regarding informed consent and it’s important to know what they are so that your rights are not violated. Read on to learn about the signature requirements for informed consent.

The Basics of Informed Consent

Before a physician may provide care, he or she must inform you of all known risks associated with the recommended treatment, procedure, examination, or test. If this is not done and you are harmed as a result of the medical care you receive, you may have a viable medical malpractice lawsuit.

Signature Requirements

Once your physician has provided you with all of the information you need to know regarding the risks of the treatment, procedure, examination, or test and you agree to the suggested care, he or she will need you to sign and date the consent form.

After you’ve provided your signature, your physician will also need to sign and date the consent form.

Witness Requirements

A witness signature is not required on the consent form, unless:

  • Your informed consent is obtained through the use of a short form consent process;
  • You have decision-making capacity, but are unable to read, write, talk, or see (due to blindness); or
  • Your legal guardian or legally-authorized representative is unable to read, write, talk, or see (due to blindness).

When a witness signature is required, this person must be impartial and preferably not your family member. The witness will need to sign and date the consent form when the consenting process occurs.

A witness signature means that:

  • All informed consent requirements have been satisfied; and
  • You have voluntarily and freely provided consent for the procedure

If your informed consent rights have been violated and you were harmed as a result, we may be able to help you recover the compensation you deserve. Don’t hesitate to contact our office with your case right away.

Contact the medical malpractice attorneys at Garau Germano, P.C. today by calling to discuss the details of your case.