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Blog 2015 February What Is Informed Consent?
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What Is Informed Consent?

Posted By The Law Offices of Patrick L. Block, PC || 17-Feb-2015

When you or a loved one receive medical care from a professional, you have the right to be informed of the possible risks that may be associated with this particular medical treatment. This is referred to as informed consent. If a doctor does not receive informed consent before proceeding with medical treatment, then any injuries that result can be considered medical malpractice.

Do I have a case based on informed consent?

The basis of informed consent is to allow a patient to consider other forms of treatment depending on the risks presented by each. Doctors and other medical professionals should explain what may occur over the course of the particular procedure and explain how this can affect the patient. Reasonable alternatives to the recommended course of treatment should also be explained. The patient also must be able to understand what the doctor is explaining to them. If the patient agrees to the standard course of medical care, then a doctor may ask them to sign a consent form that both outlines the risks and shows that the patient is able to understand them.

What must be disclosed to a patient?

It is important for a patient to know about the risks associated with a treatment since they may be able to sue for medical malpractice if they are uninformed. This is based on the idea that the patient may not have consented to the treatment if they knew what may have been involved. However, it is not required that every single risk associated with a treatment be disclosed.

There are two standards that determine whether or not a doctor was negligent in obtaining informed consent:

  • Other competent doctors in the same or similar situations would have informed a patient of a particular risk associated with the treatment; and
  • A patient with a similar medical history would have made different decisions about their care if the withheld risk was disclosed.

However, it is important to remember that emergency situations where medical assistance is needed right away and when a patient is too emotionally fragile to give informed consent, the doctor does not need to disclose all relevant information. In these cases, it may be more effective and better for the patient if the doctor first acts on their behalf instead of waiting for consent.

Are you wondering if you have a medical malpractice claim based on issues of informed case? The best way to find out is to speak with an experienced Portland medical malpractice attorney. Contact our firm for a free consultation with a lawyer.

Categories: Medical Malpractice
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