A patient has the right to certain information before they undergo medical treatment. Without this information, they are not able to provide informed consent before receiving medical treatment. Informed consent communicates the risks and the benefits associated with any particular course of treatment given to the patient by his/her medical practitioner. In the event a medical practitioner doesn’t obtain this informed consent from the patient; and the treatment causes injury, the patient has the right to bring suit for medical malpractice.
Informed Consent: What You Need to Know
To put it simply, your informed consent as a patient gives the medical practitioner or healthcare provider permission to go ahead with the recommended medical treatment. In the US, patients play an important part in their healthcare delivery.
Healthcare professionals are required to inform their patients about both the positive and the negative aspects of the proposed medical treatment in order for them to make educated decisions regarding their options. In order for patients to give their informed consent, their medical provider must inform the patient of all benefits and risks associated with the recommended medical procedure, including:
- The diagnosis;
- The recommended or proposed medical treatment, as well as the rationale behind it;
- The positive aspects of the treatment;
- The negative aspects of the treatment;
- Both the risks and the benefits of not undergoing the proposed treatment; and
- Any alternative options to the proposed treatment, as well as their benefits and risks.
Today, most healthcare professionals protect themselves by getting their patients to sign an informed consent form that provides the patient with the foregoing information.
When Informed Consent Is Not Required
Informed consent isn’t required in all medical situations. Some examples include:
- Routine medical treatment, such as the use of a stethoscope to listen to the patient’s heartbeat or checking vital signs.
- Emergency situations, when there isn’t adequate time or opportunity to properly inform the patient or if the patient is unconscious and/or incapable of understanding the risks and benefits due to language or cognitive difficulty(ies).
- Patients who cannot provide consent, such as mentally or intellectually disabled patients and minors. Parents and/or guardians (as long as available) must give informed consent in such situations.
Proving Negligence
In order to establish that your healthcare provider didn’t obtain your informed consent for the medical procedure and the procedure caused you injury, you must be able to prove the following as part of your medical malpractice claim:
- The healthcare provider had a duty to receive your informed consent before carrying out medical treatment;
- The healthcare provider didn’t obtain your informed consent;
- You wouldn’t have consented to the medical treatment had you been properly informed about the associated risks; and
- You sustained an injury because of the procedure and/or treatment that was associated with your lack of informed consent.
If you’ve suffered injuries due to medical treatment or a procedure you underwent without providing your informed consent, you should get in touch with a medical malpractice attorney immediately to begin the review process.
We are personal injury lawyers with many years of experience in reviewing and handling medical malpractice cases, as well as cases of birth injuries or eye injuries. We practice in Tinley Park, Orland Park, Matteson, Chicago Heights, and throughout the Chicagoland area. For more than 41 years, David G. McDermott has been representing clients and ensuring they receive the full value of their claims.
Learn more about McDermott & McDermott, Ltd. or call (708) 747-9440 us for a free legal consultation.
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