Any time you receive medical treatment, you receive information regarding
the procedure or treatment that is recommended to you by your health care
provider. This is also known as informed consent and, if a doctor does
not provide this to you and you are later injured, you would have grounds
for pursuing a medical malpractice claim against your physician. If you
suffered an injury that was caused by your doctor and he did not obtain
your informed consent, you need to hire an experienced medical malpractice
attorney as soon as possible to ensure you are able to obtain the fair
and just compensation you deserve.
Explaining Informed Consent
Given that most medical procedures and treatments come with some risks,
it is the responsibility of every doctor to provide their patients with
information regarding the proposed treatment or procedure in order for
them to make a decision whether or not they should undergo the treat,
procedure or test. Without this essential information, a patient cannot
truly make an informed decision.
To obtain a patient’s informed consent, a doctor would generally
require him or her to sign a consent form that states the risks associated
with the treatment or procedure. However, a patient’s signature
alone does not prove informed consent. It is crucial that a doctor fully
discuss the procedure and its risks with the patient and for the patient
That said, doctors do not have to tell patients about every single possible
risk that could occur. They are only required to inform patients about
the most important and most plausible risks.
When is Informed Consent Not Required?
There are some cases in which obtaining the informed consent of a patient
is not necessary. This includes:
Emergencies: During a medical emergency, there is generally no time for risks to be
described to a patient, especially when it is a matter of life and death.
Therefore, a patient cannot sue for lack of informed consent, even if
he or she would not have allowed the treatment.
Emotionally fragile patients: When a patient is in distress and refusing needed treatment, a doctor
might not be required to obtain the patient’s informed consent.
For example, if a patient is suffering from a life-threatening brain tumor,
but the removal of it frightens the patient, the doctor could be vague
in his or her description of the risks.
Medical Malpractice Attorney in Miami
If you suffered an injury at the hands of a medical professional, you need
to hire an experienced medical malpractice attorney as soon as possible.
At David C. Rash P.A. in Miami, our
medical malpractice attorneys have the knowledge and experience to effectively represent you
and ensure you are able to hold the responsible parties accountable for
their negligent actions.
Get started on your medical malpractice case today and
contact our law firm at (954) 914-7116 to request a free initial case evaluation
with one of our skilled attorneys.