What Is Informed Consent?
Without Informed Consent, You May Have A Malpractice Case
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
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
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.