What is “Informed Consent,” and How Does it Relate to Malpractice?
Healthcare professionals have a legal, ethical, and professional obligation to make patients aware of their treatment options. A provider must obtain informed consent from a patient before providing a treatment. This involves walking the patient through the procedure, including the benefits of undergoing the treatment, potential side effects, and alternative treatment options. Obtaining informed consent allows individuals to remain actively involved in their healthcare decisions.
If you have reason to believe that you were not given all the necessary information prior to undergoing a surgery, procedure, or other type of treatment, you may be entitled to compensation. To learn more about your patient rights, reach out to one of the Spartanburg medical malpractice attorneys at Parham Smith & Archenhold LLC at your earliest convenience.
What is Informed Consent?
A patient can only give their informed consent after having their treatment plan explained to them. This includes your healthcare professional explaining your medical conditions, the recommended treatment plan, the benefits of the procedure, potential risks, and alternative solutions.
Informed consent should involve an open dialogue between a patient and doctor, allowing the patient an opportunity to have their concerns addressed. To fulfill the requirements of informed consent, the physician must be sure that the patient has the capacity to make an informed decision, understanding the potential consequences of a bad outcome.
A physician should take into account a patient’s personal and religious beliefs when attempting to obtain consent. This permits the patient to have complete discretion over what happens to their body (known as patient autonomy). Clear conveyance of a procedure and alternative treatment choices is necessary for a patient to give informed consent. If there is a language barrier, the treating provider should use the services of a professional interpreter to assist in communication.
Failure to Obtain Informed Consent in Medical Malpractice Cases
Medical malpractice cases are based on a medical professional’s failure to adhere to the expected standard of care. A provider who does not give you all the information regarding your care has failed to uphold this standard. If your provider failed to mention risks, potential side effects, or alternative therapies, this may be grounds for a medical malpractice suit. However, a successful claim is dependent on you proving that your physician did not make you aware of what the procedure entailed.
Proving that you did not give informed consent is only one piece of the puzzle. A valid medical malpractice suit also requires that you suffered harm. If you are claiming a lack of informed consent, then you must demonstrate how the physician’s failure to properly inform you of the procedure caused you physical, emotional, and financial harm. Showing evidence of measurable losses, including lost wages, cost of rehabilitative therapies, and pain and suffering, will ensure that you recoup the entirety of your losses.
Keep in mind that informed consent is not required in emergency situations when the patient’s life is at risk. However, in all other circumstances, the patient should be aware of the adverse consequences associated with a procedure. If you have been impacted by a lack of informed consent, our Spartanburg medical malpractice lawyers are here to assist in filing your claim.
Lack of Informed Consent? Speak with Our Spartanburg Medical Malpractice Lawyers Today
Not having all the information regarding an illness or a proposed procedure can cause you to make a decision that you would not have otherwise made. If you or a loved one has suffered harm due to a lack of consent, our Spartanburg medical malpractice attorneys are here to help.
At Parham Smith & Archenhold LLC, our attorneys provide skilled representation for the “little guy,” fighting back aggressively against the insurance companies. No case is too big or small for us to take on. To learn more or arrange your free consultation, contact us online or by phone at (864) 432-1796 today.