What is Informed Consent?

At Regard Law Group, we often see folks who feel confused about their rights in a medical situation, assuming blame and responsibility when they really don’t need to. Here’s the thing: when you decide to undergo a medical procedure, it isn’t your responsibility to know the associated risks. This is why healthcare providers are legally obligated to disclose the potential harms and benefits regarding treatment. Based on this knowledge, you then have a right to decide if you want to proceed with or refuse treatment.

Only after you are informed and give consent upon learning the facts should treatment proceed. This is called “informed consent” and is an integral part of the healthcare process. However, if informed consent is not provided and your practitioner proceeds anyway, this may be a case of medical malpractice, especially if complications arise post-treatment.

How Should Physicians Inform Patients?

Physicians are required to provide information they think you would need to make an educated decision. Another common informed consent guideline for physicians is to adhere to what a fellow practitioner would reasonably disclose. This not only includes the potential risks of the procedure but also the risks of refusing to undergo it.

Consent is usually given through the patient’s signature on forms detailing the procedural risks. Minors and others who cannot consent for themselves are typically spoken for by legal guardians or authorized representatives. However, written consent is not enough; your physician must also verbally make you aware of the risks before having you sign.

Common Exceptions to Informed Consent:

• Standard checkups. Due to their low-risk nature, consent is assumed.
• Medical emergencies. When treatment is reasonably urgent, informed consent may impede the administration of prompt care.
• You are not of sound mind or unconscious. Life-saving treatment might be necessary even if you cannot consent to it.

How an Attorney Helps with Informed Consent Malpractice:

Medical malpractice can be hard to prove, especially that involving informed consent. However, lawyers are skilled in executing the necessary steps to receive compensation for your injury.

• An attorney helps you establish any damages as a result of negligence, such as physical pain, complications, emotional distress, or medical bills.
• They obtain key documents and pieces of communication between you and your physician. This evidence can prove procedural information was not sufficiently provided.
• They help prove that you wouldn’t have agreed to the treatment if you were otherwise informed of the consequences.

As always, if you believe you have a case, it’s best to discuss it with an attorney to increase your chances of compensation.

Our expert team at Regard Law Group, PLLC, has provided world-class legal consultation to the Lexington, KY area for 20+ years. With decades of trial experience, we are available 24/7 to ensure justice is served for legal issues ranging from medical malpractice to premise injury. Call our office at 859-484-6883 to book a preliminary consultation or receive more information regarding our services.