Informed consent is a fundamental principle in medical care and patient rights. It ensures that patients fully understand and agree to medical procedures, treatments, or research participation before they occur. Without informed consent, a patient may undergo a procedure without fully understanding the risks, benefits, or alternatives, leading to legal and ethical violations. A doctor or healthcare provider failing to obtain proper informed consent may constitute medical malpractice.
If you or a loved one suffered harm due to a lack of informed consent, you may have legal options. Contact The Law Office of Dr. Bruce G. Fagel and Associates at (800) 541-9376 for a free consultation today.
What Does Informed Consent Involve?
Informed consent is more than just signing a document. It is a process that requires clear communication between a doctor and their patient. The key elements of informed consent include:
- Explanation of the Procedure or Treatment: The doctor must describe the recommended medical procedure, treatment, or intervention in detail. This includes what it entails, why it is necessary, and what outcome is expected.
- Discussion of Risks and Benefits: The patient must be informed of all potential risks, complications, and side effects, as well as the expected benefits. The severity and likelihood of these risks should be clearly communicated.
- Alternative Treatment Options: Patients must be given information about alternative treatments, including their risks, benefits, and potential outcomes. In some cases, choosing not to undergo any treatment is also a viable option.
- Opportunity for Questions: A doctor must allow the patient to ask questions and provide answers in a way the patient can understand. Medical jargon should be avoided to ensure clarity.
- Voluntary Decision-Making: Patients must be free to make their own healthcare decisions without pressure or coercion from medical staff, family, or anyone else.
- Capacity to Consent: The patient must be mentally capable of understanding the information provided and making an informed decision. If a patient lacks this capacity due to age, cognitive impairment, or other reasons, a legal guardian or healthcare proxy may provide consent on their behalf.
When is Informed Consent Required?
Informed consent is required for most medical procedures, particularly those involving:
- Surgery
- Experimental treatments or clinical trials
- Major medical procedures (e.g., chemotherapy, radiation therapy)
- Invasive diagnostic tests (e.g., biopsies, lumbar punctures)
- Vaccinations and medication with significant side effects
However, there are exceptions. In emergencies, when a patient is unconscious or unable to communicate, doctors may proceed with life-saving treatment without consent under the assumption that most people would agree to such care.
When Does Failure to Obtain Informed Consent Become Medical Malpractice?
Failure to obtain informed consent may constitute medical malpractice if:
- The doctor failed to explain the procedure, risks, or alternatives properly.
- The patient was misled about the potential outcomes.
- The patient was coerced or pressured into making a decision.
- The patient did not have the capacity to provide consent.
- The patient would have declined the treatment had they known all the risks.
If a patient suffers harm due to a procedure they did not fully understand or agree to, they may have grounds for a lawsuit.
Call Our Los Angeles Failure to Obtain Informed Consent Lawyers
Dr. Bruce G. Fagel has successfully handled thousands of medical malpractice cases, including those involving informed consent violations. As both a physician and an attorney, he understands the complexities of medical law and how hospitals and doctors attempt to defend against these claims. Our firm has secured millions of dollars in compensation for victims of medical malpractice.
If you or a loved one was harmed due to a lack of informed consent, call us now at (800) 541-9376 or complete our online form to schedule your free consultation today.
