It’s a common belief that signing a medical consent form means you’ve waived your right to compensation if something goes wrong.

This is not true.

In South Australia, a signed form does not excuse a doctor or hospital from delivering substandard care.

In this article, we’ll explain when you can still claim compensation, even if you signed the consent form prior to your medical procedure or treatment.

A medical consent form is a document that outlines:

• The nature of your procedure or treatment
• The known risks and complications
• Confirmation that you were informed of risks and you voluntarily agreed

It’s meant to ensure that patients understand what they’re agreeing to, but it doesn’t mean you’ve accepted negligence.

A signed form does not protect healthcare providers from being held accountable if:

• They fail to warn you of specific, avoidable risks
• They make a preventable mistake during surgery or treatment
• Your care falls below the accepted standard
• They fail to diagnose and treat a medical condition

For example, if a surgeon accidentally operates on the wrong part of the body, or fails to diagnose and treat an obvious issue, that’s not a “known risk”, it’s negligence.

Let’s say a consent form warns you that there may be a risk of injury to internal organs during the surgery. If your surgeon fails to address the internal injury during the surgery and you develop a serious injury as a result – that’s not a “known risk.”

That’s a preventable error, and it may entitle you to compensation.

You may be able to claim compensation if:

• Your diagnosis was delayed or missed entirely
• You were given the wrong medication or dosage
• You were discharged too early and suffered complications
• Your surgeon made an error that a reasonable professional would not have made

To succeed in a medical negligence claim in South Australia, you’ll need to show:

1. Duty of care – The medical provider owed you a duty of care
2. Breach – They breached that duty by providing substandard care
3. Harm – You were injured and suffered loss as a result

This often involves expert medical evidence and documentation of what happened.

In South Australia, the general time limit is 3 years from when the negligence occurred, or when you first became aware of it, however:

• Children or people with a disability may have a longer time period to claim
• It’s best to get advice from a personal injury lawyer as soon as you suspect medical negligence

• “I signed the form, so I can’t sue.” – False.
• “It was just a risk of the procedure.” – Only if it was disclosed, unavoidable, and handled appropriately.
• “The doctor didn’t do anything intentionally wrong.” – Intent is not required. Negligence can be unintentional.

We’ve represented clients across South Australia who’ve been injured due to medical negligence even when a consent form was signed.

We can help you:

• Investigate your case with medical experts
• Gather supporting evidence and documentation
• Guide you through the claims process
• Seek maximum compensation for your pain and suffering, lost income, treatment and future care needs

We offer free claim checks and operate on a no-win, no-fee basis.