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What Is Informed Consent?

Without Informed Consent, You May Have A Malpractice Case

Many medical malpractice cases have classic "signs" of negligence and general sloppy medical treatment. However, these are not the only ways that a medical professional may fail to live up to the standard of care expected from them. Informed consent is one of the fundamental steps needed for a doctor to proceed with medical treatments, except in specific circumstances. Informed consent means that that doctor has spoken with the patient about their treatment and the patient has understood what it means to move forward with the procedure.

Informed consent is important in any medical procedure. If your doctor or provider did not inform you of the potential risks you may be facing, you may be entitled to hold them accountable for medical malpractice. Contact the St. Louis malpractice attorneys at Millikan Wright, LLC to discuss your case with our legal team.

Informed Consent & When It Applies

Informed consent is the agreement to proceed with a medical treatment after being fully informed by a doctor about the planned treatment. A good informed consent includes the following:

  • Clear identification of who will be performing the procedure
  • Proposed medical treatments
  • Chances of the treatments success
  • Possible complications and side effects (risk associated with the procedure)
  • Alternatives to the procedures and their related risks
  • Expected recovery time
  • Cost and insurance coverage

In order to give informed consent, you must fully understand the details listed above and be able to provide consent, that is you are conscious and of sound mind. However, informed consent does not protect the doctor or medical facility from a medical malpractice lawsuit. If negligence occurs or the doctor acts outside of the required standard of care, medical malpractice is still possible.

Informed consent may not be necessary when in an emergency, you are unconscious or incapacitated and unable to provide consent or when the level of interaction between the doctor and you, the patient, does not rise to the level of treatment.

Putting Over 50 Years of Experience to Work For You

The laws governing medical malpractice can be very complex. Doctors must be able to uphold their expectations while abiding with the law, which gives patients certain and specific rights. Importantly, a doctor must work within the confines of what is best for the patient. When they do not do so, even if it is failing to inform a patient of the treatment they will be receiving and preventing them from taking the agency for their life and health in their own hands, they can be accused of medical malpractice.

When you are in this situation, you need aggressive help to fight on your behalf. Our St. Louis lawyers are ready to help. We offer free consultations for you to meet with our team, discuss how you were a victim of medical malpractice, and how we can work for you.

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