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What Is Informed Consent & What Happens If I’m Not Asked for It?

Injured in a medical procedure by a professional who didn’t obtain informed consent? You may have grounds to file a lawsuit:

Any time you receive medical treatment, you receive information regarding the procedure or treatment that is recommended to you by your health care provider. This is also known as informed consent and, if a doctor does not provide this to you and you are later injured, you would have grounds for pursuing a medical malpractice claim against your physician. If you suffered an injury that was caused by your doctor and they did not obtain your informed consent, you need to hire an experienced medical malpractice attorney as soon as possible to ensure you are able to obtain the fair and just compensation you deserve.

Explaining Informed Consent

Given that most medical procedures and treatments come with some risks, it is the responsibility of every doctor to provide their patients with information regarding the proposed treatment or procedure in order for them to make a decision whether or not they should undergo the treatment, procedure, or test. Without this essential information, a patient cannot truly make an informed decision.

To obtain a patient’s informed consent, a doctor would generally require them to sign a consent form that states the risks associated with the treatment or procedure. However, a patient’s signature alone does not prove informed consent. It is crucial that a doctor fully discuss the procedure and its risks with the patient and for the patient to understand.

That said, doctors do not have to tell patients about every single possible risk that could occur. They are only required to inform patients about the most important and most plausible risks.

When is Informed Consent Not Required?

There are some cases in which obtaining the informed consent of a patient is not necessary. This includes:

  • Emergencies: During a medical emergency, there is generally no time for risks to be described to a patient, especially when it is a matter of life and death. Therefore, a patient cannot sue for lack of informed consent, even if he or she would not have allowed the treatment.
  • Emotionally fragile patients: When a patient is in distress and refusing needed treatment, a doctor might not be required to obtain the patient’s informed consent. For example, if a patient is suffering from a life-threatening brain tumor, but the removal of it frightens the patient, the doctor could be vague in their description of the risks.

Known for Our Experience Throughout the State

If you suffered an injury at the hands of a medical professional, you need to hire an experienced medical malpractice attorney as soon as possible. At the Law Offices of David C. Rash, our medical malpractice attorneys have the knowledge and experience to effectively represent you and ensure you are able to hold the responsible parties accountable for their negligent actions. Our team has years of experience handling cases that include amputations, birth injuries, prescription errors, wrongful death, and more successfully. Dealing with injuries caused by the medical professionals you’ve been taught to trust can be overwhelming, but our team can stand by your side and prioritize your needs.

Get started on your case today and call our law firm at (954) 914-7116, or contact us online. We offer free case evaluations with our attorneys because you deserve convenience during this challenging time. We’re here to listen.