The process of informing patients about potential risks is known as informed consent.
Before undergoing procedures or treatments your doctor has recommended, the physician must inform you about the risks involved with the proposed treatments. The process of informing patients about potential risks is known as informed consent. When a doctor fails to get informed consent or fails to explain the risks adequately, an injured patient may have grounds to file a medical malpractice lawsuit. Here is some information about informed consent and when it might form the basis for a viable claim.
What is Informed Consent?
Because of the inherent risks of some medical procedures, doctors must inform patients about the risks involved with the recommended procedures so patients can make fully informed decisions before starting the procedure. A medical professional must provide the following information to the patient:
- The nature of the medical condition
- The nature of the proposed treatment
- The benefits of the proposed treatment
- The probability of a successful outcome and possible alternatives
- The risk of potential side effects and other adverse events
Except in emergencies in which the patient is unconscious or is otherwise unable to consent to treatment, doctors typically provide consent forms for patients to sign that detail the risks of the proposed treatment.
When is Informed Consent Required?
Informed consent is a crucial element of medical procedures. It allows the patient to understand all aspects of the treatment, consider the risks and benefits, and consent to the treatment. This creates a bond of trust between patient and doctor and can protect each party from unexpected outcomes. Treatments and procedures that require informed consent include:
- Surgical procedures
- Cancer treatments
- Some bloodwork
- Clinical trials
- Blood transfusions
- Anesthesia
- Biopsies and other advanced medical tests
- Vaccinations
Why is Informed Consent Important?
When a patient gives informed consent, they agree to undertake some of the risks of the procedure. However, the physician still has to uphold the standard of care. Informed consent is not an excuse for a health care provider to provide negligent treatment.
Open communication during any medical treatment is critical, and informed consent from the patient ensures that they make the decision based on a reasonable understanding of what goes into it. If informed consent is not given for a specific procedure and the patient is injured, or the health care provider is negligent, they may have grounds for a medical malpractice case.
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 and settlements. Please visit our website, www.410thefirm.com, or call us at 410-843-3476, for more information. Follow us on Facebook, Twitter, and LinkedIn.