What is Informed Consent, and Can Failure to Obtain it Result in Malpractice?
Informed consent is the requirement that patients are aware of the benefits, risks, and complications of a surgery, procedure, or treatment, as well as alternative treatments. Healthcare providers must legally obtain a patient’s consent before performing any procedures. Lack of informed consent is the basis for a number of medical malpractice cases, with evidence showing that patient autonomy was violated.
In this article, our Greenville medical malpractice lawyers discuss everything you need to know about informed consent and what happens when informed consent is not provided.
Informed Consent: The Nuts and Bolts
Informed consent is a physician or other healthcare provider’s legal and ethical obligation to make sure that a patient understands the potential outcomes of a treatment or procedure. Part of this process is understanding your medical condition and the scope of treatment options available to you. Informed consent helps to keep the lines of communication open between a provider and patient, clarifying any confusion.
Procedures and treatments that require a patient’s informed consent usually include:
- Administration of anesthesia
- Biopsies
- Blood transfusions
- Cancer treatments
- Immunizations
- Genetic testing
- Clinical trials
- Most surgeries
- Tests and medical interventions
Providers must fulfill the following criteria to ensure that you are giving informed consent:
- You understand the medical information provided
- The provider provided you with the name of your medical condition, the name of the recommended procedure, and the risks and benefits, as well as alternative options
- You understand the information provided
- The patient gave their consent to have treatment in the form of a written consent document
Consequences of Failing to Obtain Consent
When the informed consent process is not followed, patients and their families are not given all the information to make a decision that is in their best interest. A patient who is not provided the necessary information can sue a physician or other healthcare provider for malpractice. For instance, a potential side effect of a craniotomy is difficulty with movement and speech. If a patient who has epilepsy undergoes a craniotomy to treat the condition but later has difficulty forming sentences, the individual may not have gone under the knife if made aware of this possible risk. If the patient or family claims that the risk was not made known to them, this is a valid basis for a medical malpractice suit.
Greenville Medical Malpractice Attorneys Navigating the Ethical and Legal Dilemmas of Informed Consent
If you did not provide informed consent but a physician went ahead and performed a procedure anyway, we may be able to help. At Parham Smith & Archenhold LLC, our Greenville medical malpractice lawyers have successfully represented thousands of clients in informed consent cases and are ready to assist you. Proving that informed consent was not obtained can be difficult, but we know what avenues to pursue to recover fair compensation on your behalf. If you are ready to learn how we can help you, contact us online or by phone to schedule your free consultation.