When Lack of Informed Consent Becomes Medical Malpractice
Receiving medical care can cause anxiety for many patients. Before your medical provider proceeds with the treatment, they must explain the details, potential risks, and alternative treatment options so you can give your informed consent. Understanding the full extent of the procedure helps patients maintain bodily autonomy. If your medical provider fails to keep you informed, it could be considered medical malpractice. Our Greenville medical malpractice lawyers have fought to protect the rights of injured South Carolina residents since 1986.
Why Is Informed Consent Essential in Medical Procedures?
Most patients don’t have the necessary training to fully understand their injuries or illnesses and the steps to treat them. Informed consent not only helps a patient stay informed about the process of their proposed treatment, but it also allows the patient to have control over their own care.
Before treatment, your healthcare professional should explain:
- How the treatment will be conducted and the steps that will be taken during your care
- The benefits and risks that can result from proceeding with the proposed treatment
- Any alternative treatment options you may pursue. This includes explaining the risks and benefits of choosing not to receive any treatment.
You should then be allowed to ask any questions you may have regarding the proposed treatment. If you consent to the treatment, you’ll typically be asked to voluntarily sign a consent form before the procedure begins. However, in emergencies where delays could result in serious injuries or death, your provider may not have to obtain informed consent beforehand.
How to Prove Lack of Informed Consent in a Medical Malpractice Case
If you did not give informed consent and were injured during treatment, you may be able to file a medical malpractice claim against the healthcare professional who hurt you. To prove that your injuries were a direct result of the actions performed by your provider, you’ll need to collect an expert affidavit.
According to S.C. Code § 15-36-100, an affidavit from a qualified medical expert must be filed before you can move forward with your medical malpractice claim. This affidavit must explain what the medical expert believes was the typical standard of care in your specific situation and how your healthcare provider failed to uphold that standard of care.
This piece of evidence is essential in a medical malpractice case in South Carolina and needs to be obtained at the start of the case, or the court will likely dismiss your case entirely.
Consult With a Medical Malpractice Lawyer in Greenville
In most cases, healthcare professionals are not allowed to act without properly informing the patient of the proposed treatment plan. If you or someone you love has been injured by a medical provider and did not give your informed consent before the procedure, our Greenville medical malpractice attorneys are here to help you navigate the complexities of South Carolina’s legal system. Reach out to Parham, Smith, & Archenhold, LLC, today online or at 864-242-9008 to schedule a confidential consultation with one of our skilled lawyers.