LACK OF INFORMED CONSENT

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According to the American Medical Association, “Informed consent is more than simply getting a patient to sign a written consent form. It is a process of communication between a patient and physician that results in the patient’s authorization or agreement to undergo a specific medical intervention. In the communications process, you, as the physician providing or performing the treatment and/or procedure (not a delegated representative), should disclose and discuss with your patient:

• the patient’s diagnosis, if known;
• the nature and purpose of a proposed treatment or procedure;
• the risks and benefits of a proposed treatment or procedure;
• alternatives (regardless of their cost or the extent to which the treatment options are covered by health insurance);
• the risks and benefits of the alternative treatment or procedure; and
• the risks and benefits of not receiving or undergoing a treatment or procedure.

In turn, your patient should have an opportunity to ask questions to elicit a better understanding of the treatment or procedure, so that he or she can make an informed decision to proceed or to refuse a particular course of medical intervention.”

All too frequently patients are handed a stack of paperwork to sign by hospital staff before a treatment. This paperwork often includes informed consent forms, which identify risks related to the proposed medical procedure. However, even if the patients sign these informed consent forms, this does not necessarily mean they have given their informed consent. To be able to give informed consent a patient has to know all the necessary information regarding risks that a certain treatment carries. Medical professionals are the ones who have to provide the patients with this information as well as obtain informed consent from them.

A patient may change their mind and refuse the treatment that they have previously accepted. He or she may initially agree and give informed consent but regret that decision later when it is in a better position to make an informed decision. Doctors who would be performing the treatment may advise the patients on what would be the best thing to do.

As the AMA’s published guidelines make clear, a doctor must clearly communicate with a patient—not just get the patient’s signature on an informed consent form—regarding risks, benefits, and alternatives to the care being contemplated. This failure to communicate with the patient and obtain informed consent becomes a serious issue when the patient experiences a complication never discussed prior to the procedure (and which would have kept the patient from choosing to have that treatment in the first place). This is what causes a lack of informed consent and can result in a lawsuit.

Of course, there are exceptions to the obligation to obtain informed consent from patients. These exceptions may occur when the patients are incapacitated, in life-threatening emergencies when there’s not enough time to obtain informed consent, and when patients voluntarily waive their right to informed consent.

If you, your child, or a loved one have suffered from a complication of a procedure (such as extravasation injury, among others) that was never discussed with you by a doctor prior to the procedure, contact Davis Adams. We can obtain the necessary records and have an expert doctor review the file free of charge to determine whether the doctor who treated you or other health care provider was negligent and whether he or she tried to get informed consent.

TOP LAWYERS FOR INFORMED CONSENT LAWSUITS

Like all negligence cases, lawsuits concerning informed consent violations are generally complex in nature and replete with opportunities for negligent parties to avoid taking responsibility.

The attorneys at Davis Adams diligently discover the important facts, retain world-class expert witnesses, and methodically prepare lawsuits concerning informed consent violations for trial in a way that maximizes the opportunity for a verdict that provides justice for our client.

UNINFORMED CONSENT

Picture it: you’re sitting in the doctor’s office, waiting for your name to be called, and the front desk gives you a clipboard full of documents to read, complete, and sign. After a line or two, your eyes glaze over and you start scanning for the checkboxes to complete.

Although we’ve all been there, the consequences of uninformed consent can be grave. And what’s more, uninformed consent is not your fault as the patient. The responsibility lies with the doctors, nurses, and other health care providers. They must explain to the patient exactly what will take place during the procedure, what risks exist, and what alternative treatments may be available.

Failing to fully explain all of this information and obtain informed consent may constitute nursing malpractice,emergency room malpractice, or a lack of informed consent lawsuit. If you suffer adverse effects from medical treatment and you were not aware that these effects may occur, contact the medical malpractice specialists at Davis Adams to discuss your options.