Informed consent is a topic in the medical field that lacks awareness. Medical malpractice lawsuits are available to those who were not provided with informed consent, which is a fact that many people are unaware of, which is truly unfortunate. Informed consent is one of the least discussed issues within the medical world, but because many might not be aware of it, it might just be one of the most common forms of medical malpractice. Physicians have a duty to obtain informed consent from all of their patients. When the alternative methods of the treatment have been given, the known risks associated with the treatment, and the benefits that can come from the treatment, informed consent has been fulfilled by the physician. Once the physician has done so, the patient must agree to proceed with the procedure.
The information that must be provided to the patient depends on what type of procedure they will be undergoing. A physician is not required to disclose all the things that could go wrong during a procedure, only the risks that another doctor with similar education would have disclosed to their patients under the same circumstance. In other words, the physician must inform the patient of any significant information that might influence the patient’s decision in proceeding with the treatment or operation. The medical malpractice lawyer in Tampa wants patients to become aware of all of their rights associated with a lack of informed consent because it is a topic that is vastly overlooked.
What many individuals might not know is that informed consent differs immensely from other forms of medical malpractice in that a physician might perform the procedure in a flawless manner and still be subjected to a medical malpractice lawsuit. How? Well, for example, a surgeon that is going to perform open heart surgery fails to inform their patient that the possibility of clots developing can occur. Even though the surgeon did their job impeccably, the patient still developed clots. In this case, the patient can file for a medical malpractice because had they known that they would be developing clots, they would have chosen an alternative treatment. To be clear, a physician that does not obtain inform consent can be held liable even though the medical professional did not commit any negligence.
Were You Informed of All The Risks That Could Happen?
An attorney of medical mistakes in Percy Martinez’s Tampa law firm can speak to a patient that believes that all of the complications that could have come from a treatment or operation they underwent were not completely disclosed to them. The skilled team of the best malpractice lawyers will review the case and determine if the information and evidence present are enough to build a solid medical malpractice case against the physician.