What is Informed Consent?

What is Informed Consent?

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 to understand.

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.


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