Jun 11, 2013

Posted by in Medical Malpractice, Personal Injury | 1 Comment

The Importance of Informed Consent

medical malpractice lawyersAccording to the website of the Massachusetts personal injury attorneys of Crowe & Mulvey, LLP, every medical procedure, treatment, or medication has their risks and dangers therefore it is important to have you, the patient, give consent before getting these procedures. Hospitals and your physician have the responsibility of informing you how these procedures will be done, the risks that it entails, who will perform these procedures, and possible alternatives that you can choose from. Once these responsibilities are neglected or over passed and you have endured an injury because of the procedure, then you may get the help of medical malpractice attorneys to help file a lawsuit.

Providing important information about the dangers and risks of a specific procedure, treatment, or medication is called informed consent. Before getting these procedures or treatments, you as a patient have the right to be informed about such procedures, and after you will have to sign a consent form allowing the medical professionals to perform the procedure. As an important aspect of a medical malpractice lawsuit, you should understand what the document states otherwise informed consent is not given.

Doctors are not required to talk about all the details surrounding the positive and negative effects of the medical procedure. If the negative effect is not highly possible, they have the option of not discussing it with you. States have different laws regarding which risks should be disclosed, mainly, there are two standards that states to determine this:

  1. Will other doctors disclose these risks?
  2. Will a normal patient choose another option should they be informed of the risks?

There are two exceptions to the rule of informed consent, however: during emergencies (where you are unconscious or when there are time restraints) and the doctor believes you are already in an emotionally fragile state to make a logical decision. If the hospital did not get the informed consent, they can be held liable for damages in two ways: vicarious liability and negligence. If you have been through a procedure without your knowledge or informed consent, then you have the right to contact your medical malpractice attorney to file a lawsuit.

  1. I surely hope my doctor would inform me of all information I need before making an important medical or surgical decision.

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