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If the consent form I signed prior to a procedure is considered valid, can I recover any damages in a malpractice action against my doctor?

Yes, you still may be able to recover damages. A consent form does not release a physician who performed a procedure negligently from liability. If you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and you were injured as a result, you may still recover against him/her. You may also have a claim that the procedure the physician performed went beyond the consent you gave, in which case the doctor might even be liable for battery.
Jim Keller
Partner at Keller & Keller

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