Informed consent is of the utmost importance in any medical malpractice lawsuit. The process of obtaining informed consent is a two-way street. It’s up to the doctor to inform you, and it’s up to you to provide your consent. If only one or neither of these things occurred, medical malpractice might be at hand. Today, we’ll be addressing some common questions about informed consent.
The process of obtaining informed consent is a two-way street. Here’s what you need to know.
What is informed consent?
In case you’re not familiar with the term, ‘informed consent’ refers to a medical professional providing their patient with relevant information about the treatments or procedures they are about to receive. It can also include information about your diagnosis. Here are some examples of the information medical professionals ought to provide you:
- The condition with which they diagnosed you
- The treatment or procedure they recommend to you
- The risks of treatments or procedures
- Other potential treatments, as well as what would happen if you opted out of a treatment or procedure
Once this has been done, you will have to sign an informed consent form. This verifies that your health care provider has sufficiently informed you, and that you have understood the information provided. This is a legal document whose purpose is to protect you.
Can I change my mind after signing the form?
Don’t worry—signing an informed consent form doesn’t rob you of your agency. In fact, many such forms explicitly state that you can change your mind at any time, even after signing. Even if they don’t, you have the right to do so. Just tell your doctor that you would like to revoke your consent. You can do this even if treatment has already begun. There is a chance you will have to sign a new form officially withdrawing your consent.
What if I didn’t give informed consent for my treatment or procedure?
Sometimes, it happens that the doctor did not provide the necessary information to the patient, and went through with the treatment or procedure anyway. In the event of an urgent medical emergency, this can be acceptable. But in the vast majority of other cases, this qualifies as medical malpractice.
If you believe you were harmed by a lack of informed consent, the best course of action is a lawsuit. Doctors who went through with treatment without consent may have committed a criminal offense. To win such a lawsuit, we will have to be able to prove the following:
- The doctor failed to inform you properly
- If you had been sufficiently informed, you would not have consented
- The unauthorized treatment or procedure caused you demonstrable harm
Do you believe you have a medical malpractice lawsuit on your hands? If so, we can help.
Contact The Snyder Law Group Today
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, and LinkedIn.
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