If I signed the informed consent form, can I still claim?

Yes, in many cases. By signing, you accept the risks that were explained to you, provided the treatment is carried out properly, but not the doctor's errors or any risks that were not explained to you. Furthermore, a generic printed form that does not set out the risks specific to your case or the alternatives, or one you were given to sign without time to think it over, may not be enough to prove that you were properly informed. What is not compensated, in principle, is a properly explained risk that materialises without anyone making a mistake.

Alburquerque Abogados

José Manuel Alburquerque
Civil liability

When you can claim even though you signed

  • If there was an error in the operation, the treatment or the follow-up care. Consent does not cover malpractice.
  • If the harm stems from a risk that was neither in the document nor explained to you verbally.
  • If the document was a standard form, the same for everyone, without the risks linked to your personal circumstances, such as your age or other illnesses, or the alternatives you had.
  • If you were given it to sign without time to read it and ask questions, for example minutes before going into the operating theatre, or without anyone explaining it to you.
  • If something different from what you consented to was done to you, unless an emergency arose that made it impossible to ask your permission.

What is paid in each case

If there was a technical error, all the harm it caused is compensated. If the failure was only one of information, the courts usually compensate it as loss of chance, meaning the opportunity you lost to decide differently. A percentage of the total harm is paid according to the likelihood that, properly informed, you would have refused the procedure or chosen another option. If the risk was properly explained and materialised without any error, your signature proves that you accepted it and in principle there is no compensation.

What to check in the document

Ask for a copy, because it forms part of your medical records. In Catalonia consent forms are kept for at least fifteen years. Check these points:

  • The date and, if shown, the time of signature, compared with those of the procedure.
  • Whether it mentions the risk that materialised and those specific to your case.
  • Whether it explains the alternatives and what would happen if you did not have the operation or treatment.
  • Whether it bears the name and signature of the doctor who informed you.

The signed document is the main evidence the medical centre has that it informed you. What is then disputed is whether its content and the explanation that accompanied it were sufficient, something the judge often assesses with the help of an expert. The law requires information that is truthful, understandable and suited to your case. A signature is no substitute for it.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.