Informed consent is a legal and ethical requirement in every medical procedure. Patients have the right to understand the risks, benefits, and alternatives before agreeing to any treatment. When a medical provider performs a procedure without informed consent, the provider may be held liable for medical malpractice.
What Is Informed Consent?
Informed consent means that a doctor must provide a patient with enough information to make an educated decision about their healthcare. This includes:
- The nature and purpose of the procedure or treatment
- The known risks and potential side effects
- Available alternatives, including doing nothing
- The expected benefits
- The chances of success or failure
The patient must then voluntarily agree to the procedure, typically by signing a consent form. However, a signed form alone does not prove informed consent. The patient must also understand the information provided. In emergencies, where the patient is unconscious or unable to consent and immediate treatment is necessary, the requirement may not apply.
Examples of Lack of Informed Consent
A lack of informed consent can occur in many situations, including:
- A surgeon performs a procedure without explaining serious risks, and the patient suffers one of those complications.
- A doctor fails to mention less invasive alternatives, and the patient later discovers they could have chosen a safer option.
- A physician performs a different procedure than the one agreed upon, without obtaining new consent.
- A patient undergoes chemotherapy without understanding the side effects or how it may impact fertility, and the doctor failed to explain this risk.
If the patient would have declined the treatment had they been properly informed, and they suffered harm as a result, then a medical malpractice claim may be justified.
Legal Requirements in Lack of Informed Consent Cases
To succeed in a lack of informed consent claim, the patient must prove:
- The doctor had a duty to obtain informed consent
- The doctor failed to provide adequate information
- A reasonable patient in the same situation would not have agreed to the treatment if fully informed
- The patient suffered harm as a direct result of the procedure
Evidence such as medical records, consent forms, and personal testimony showing that the provider failed to disclose key information about the procedure is vital. Expert witnesses are typically needed to testify about the standard of care and what a competent provider should have explained.
Why Hiring a Charleston Lack of Informed Consent Attorney Is Critical
Medical malpractice cases involving lack of informed consent are complex. An experienced Charleston Medical Malpractice Lawyer can provide critical support by:
- Reviewing medical records and consent documents
- Consulting and hiring medical experts to evaluate the adequacy of the information provided
- Identifying failures in communication or documentation
- Calculating damages for medical costs, emotional distress, and loss of autonomy
- Building a compelling case to hold the provider accountable
An attorney ensures that your rights are protected and helps protect you from being taken advantage of by insurers or defense attorneys.
Contact Us Today
If you or a loved one has suffered severe harm due to a lack of informed consent, we can help. Call Tiano O’Dell PLLC at (304) 720-6700 or message us online to arrange a free consultation today.
