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What does obtaining a patient’s informed consent entail?

| Apr 1, 2021 | Medical Malpractice

Doctors don’t have the right to perform procedures on you without your informed consent. There are certain details that your physician must cover as part of the process of obtaining that consent.

Any physician who fails to secure your consent may perform a procedure on you or one that has unexpected results. You may be able to hold your doctor accountable if their failure to obtain informed consent informed consent results in a health decline or a loved one’s death.

What details must a doctor cover when obtaining consent?

Most jurisdictions’ laws require physicians to inform patients about their medical condition, treatment options and the risks associated with various procedures at every step of the process.

They must always provide this information in easily understandable language so that you can make an informed decision as to what specific course of action you’ll agree to have your doctors pursue.

Who can provide consent?

The person providing consent must be 18 or older and not have any mental illness or other impairments that inhibit their judgment. Minors generally must have a parent or guardian consent on their behalf.

What happens if a doctor fails to obtain informed consent?

A doctor could face a medical malpractice lawsuit if they fail to inform a patient about the risks associated with a procedure and an adverse outcome occurs. Physicians may also face criminal charges such as battery if they touch someone’s body without their prior authorization.

You may have a valid claim for suing a physician with medical malpractice if you suffered bodily harm due, in part, to their failure to obtain informed consent to a procedure or treatment. You may be able to recover compensation for your medical bills and pain and suffering if that’s the case.