When Patients Were Not Told the True Risks of a Procedure
A physician is required to inform you of the risks, benefits, and alternatives to any surgery or treatment before moving forward. If you suffered injuries after a physician did not disclose crucial information, legal relief may be available. At Parham Smith & Archenhold LLC, our Greenville medical malpractice lawyers are dedicated to helping injured persons obtain maximum damages following a provider’s misstep. If you or someone you love did not understand the risks of a procedure and were injured, our legal team would like to hear from you.
What is Informed Consent?
A physician or any healthcare professional is required to have a conversation with the patient regarding known risks, benefits, and alternative options prior to a procedure. The patient should be given the opportunity to ask questions and seek clarification on any parts of the procedure. Once the patient’s concerns have been addressed, the patient will provide written consent. The informed consent process allows a patient to be an active participant in his or her medical care.
Healthcare professionals should take a patient’s personal and religious beliefs into consideration when obtaining informed consent. If a certain procedure violates a patient’s values, then alternative approaches should be discussed. If a language barrier prevents a patient from understanding the details of a procedure, a language interpreter should be used to facilitate communication.
What if a Patient is Unable to Consent to the Proposed Treatment?
A patient who is unable to understand the nature of his or her medical condition or is unable to make an informed decision regarding their treatment cannot provide informed consent. According to SC Code §44-66-30, the following persons will be appointed to make medical decisions in their stead (in order of priority):
- Court-appointed guardian
- Individual granted power of attorney
- Spouse (unless the spouse and patient are separated by a court order or marital settlement agreement)
- Adult child
- Parent
- Adult sibling
- Grandparent
- Adult relative by blood or marriage who has a close relationship with the patient
- Individual granted authority to make healthcare decisions for the patient
- Someone who has an established relationship with the patient, who will act in good faith, and can convey the patient’s wishes (if no other individuals are available). This person will be appointed at the healthcare facility’s discretion.
Can You Sue if You Were Not Informed of the Risks of a Procedure?
If you were not informed of the risks of a test or treatment and you suffered harm, you may recoup your losses. However, you must prove that if you knew about the potential risks, you would not have followed through with the procedure. Essentially, the risk must have been a material risk, or something that would prevent a reasonable person from undergoing a procedure.
For example, a craniotomy is used to treat patients who experience seizures. Potential risks include brain swelling, bleeding, and stroke. These are material risks since a reasonable person may think twice before going under the knife after learning about these potential complications. If a patient is not informed of these risks prior to surgery, then the physician did not obtain informed consent.
What Evidence is Needed to Show Lack of Informed Consent?
If you did not provide informed consent prior to going under the knife, the following evidence may support your claim:
- Signed consent form: Your written consent form will show what risks were disclosed (and which ones are missing).
- Eyewitness testimony: It is always a good idea to have a friend or family member with you to testify to what you and your doctor discussed.
- Expert witness testimony: Another physician can testify regarding how a patient cannot make an informed decision about a specific procedure when not given certain facts.
Reach Out to Our Greenville Medical Malpractice Lawyers
At Parham Smith & Archenhold, LLC, our Greenville medical malpractice attorneys dedicate their professional lives to advocating for injured persons. You deserve compensation for subsequent medical bills and lost wages due to not having all the information. To schedule a free consultation, contact us online or by calling (864) 432-1796 today.