Informed consent and medical malpractice

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Informed consent and medical malpractice

On Behalf of | Jan 4, 2021 | Medical Malpractice |

Most people trust the medical professionals who treat them. But the sad reality is that far too often these professionals fail to live up to their duty of care. This failure can cause significant harm to innocent and unsuspecting patients. These individuals might be left with significant physical injuries, a worsened medical condition, a poorer prognosis, and the need for additional medical treatment. One of the many ways that this medical malpractice can present itself is through error involving informed consent.

What is informed consent?

Informed consent is authorization given by a patient after being educated on various aspects of their condition and their treatment options. This means that before informed consent can be obtained, a medical professional should sit down with a patient and explain his or her medical condition, their prognosis without treatment, their treatment options, the risks associated with each treatment option, the prognosis after receiving each course of treatment, and the risks of foregoing treatment altogether. The purpose of informed consent is to ensure that a patient remains in control of his or her healthcare and healthcare decisions.

How informed consent plays into a medical malpractice claim

Informed consent can play an important role in your medical malpractice claim. For example, a doctor who fails to obtain informed consent essentially has no defense if you’ve been harmed because they operated in violation of the law. In other instances, a doctor goes beyond the scope of informed consent, which again can show that a duty of care was breached, taking you a long way toward proving your medical malpractice case.

Proving your case

In order to appropriately address informed consent in your case, you need to understand the law and how to apply it to your set of circumstances. If you don’t have a thorough understanding, then you might end up missing an important detail that could make your case. That’s why many people choose to work with an experienced medical malpractice attorney when trying to find accountability and recover compensation for their damages.