Informed consent means that a healthcare provider must give patients enough information to make a well-informed decision about their medical care. If a patient does not receive this information, and harm occurs, it can lead to a medical malpractice case.
If you received treatment without understanding the risks, benefits and alternatives to a proposed treatment or procedure, then you might be eligible for compensation.
What is informed consent in a medical setting?
Informed consent stems from a discussion between a healthcare provider and the patient. During this conversation, the provider must explain the nature of the procedure or treatment. The patient deserves to know all potential risks and any alternatives. The patient should also learn about the expected outcome and the potential consequences of refusing treatment. For consent to be valid, the patient must understand the information and voluntarily agree to the procedure.
There are legal repercussions if medical professionals fail to obtain informed consent before providing treatment. This can result in a claim of medical malpractice if the patient suffers harm because they were not adequately informed.
How does informed consent affect medical malpractice cases?
In a medical malpractice case, proving a lack of informed consent means showing that the healthcare provider failed to explain the risks, benefits, or alternatives to a treatment or procedure. You must also prove that, had you been properly informed, you would not have agreed to the treatment. As the patient filing a claim, you must also demonstrate that the lack of informed consent directly caused harm.
If a provider withholds critical information, or the patient feels pressured into agreeing to a procedure without proper understanding, it can strengthen a malpractice claim. Proving that the provider did not give enough information or that you felt misled about the risks can form the foundation of your case.
