Informed consent is a very important process within medical settings. It is a process in which the patient and doctor interact and communicate about the procedure or treatment that is going to take place. The physician is required to provide the patient with the necessary information in order to understand the scope of the proposed treatment or procedure. When informed consent has not been granted, it can amount to a medical malpractice. This is some essential information that must be explained to the patient:
- The treatments or procedures description
- The purpose that the treatment or procedure is taking place
- The outcome that is expected from the treatment or procedure
- A description of the complications or risks that can come from the treatment or procedure
- An explanation of any alternative methods and what risk or complications can come from them
- The success rate of the procedure
Once all of this information has been provided, the patient should be given the time to ask any questions regarding that information and decide on what they want to do. If informed consent was not provided to the patient, the patient would not be capable of making an educated decision because they would not be knowledgeable about the complications and risks associated with the procedure or treatment they are about to undergo. A patient needs to understand that even though they were provided informed consent, it does not make the physician immune to any medical malpractice claims. The Best medical malpractice lawyers comprehend that every patient should know what can derive from a certain procedure or treatment. Legal action can be taken against the physician that did not information their patient of this vital information if the patient suffered an injury.
When is Informed Consent Not Required?
Although informed consent is a process which all doctors must do, there will be instances when informed consent will not be mandated. Some of those times include:
During an emergency: Emergency rooms are professionals on not giving informed consent because they do not have the time to explain to their patient that might be unconscious about that effects that an operation or procedure can have on them. During emergency situations, a physician just has to react and hope that they made the best decision to save the patient’s life.
During routine examinations: Like listening to an individual’s heartbeat, taking their temperature or testing their reflexes.
Lack of Consent Can Amount to a Lawsuit
In order for a medical malpractice case to be successful when there was a lack of informed consent, the lawyer of the patient must prove how that lack of consent is connected to the injury that the patient sustained. The firm of personal injury attorneys Miami, fl knows exactly how connect the dots to ensure that their client’s case is successful.