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Lack of Informed Consent In Medical Treatment

By Norman Younker on February 05, 2014


Lack of Informed Consent In Medical TreatmentA doctor or surgeon has a number of obligations to their patients that need to be considered. Among them is providing adequate information so that patients can make smart decisions about medical care, medications, and various treatments. It's important that medical professional meet these standards, though there are sadly many instances in which they do not.

Our team of medical malpractice attorneys would like to take this opportunity to consider the idea of informed consent and how that applies to medical malpractice cases.

What is informed consent?

In broad terms, informed consent applies to doctors getting permission from a patient before initiating any sort of medical therapy, whether it's a test, an exam, administering medication, undergoing surgery, and so forth.

In order for informed consent to be given, the patient must be provided with all relevant facts about the proposed action, including any actual or potential future effects that the proposed action may have (e.g., side effects, chance of complications, changes in mobility or lifestyle, etc.). This patient needs to be in a sound state of mind and have proper function of his or her mental faculties as well.

Why is informed consent important?

Informed consent is important in that it allows patents to be fully aware of their treatment options and its benefits or consequences. Providing basic information such as this allows patients to make wise and well-informed decisions about care, and it allows medical professionals to ensure that patients have realistic expectations about any treatments or actions.

What happens if a patient is unable to provide informed consent?

There are a number of cases in which a patient is unable to provide informed consent on their own. This includes patients who are in a coma, patients who suffer from Alzheimer's, patients who suffer from PTSD, and patients who are mentally disabled.

In these cases, informed consent will be provided by the relatives, loved ones, or caretakers of the patient. This will vary depending on various arrangements in place, but even then, a medical professional is expected to provide all relevant information so that the loved one or caretaker can render informed consent to a medical procedure.

Our Attorneys Can Assist with These and Other Malpractice Issues

If informed consent was not rendered prior to a medical treatment, it's important that you speak with our legal team. In our years of addressing doctor mistakes, hospital errors, and other acts of professional malpractice, we have been able to determine strong legal strategies with regard to doctors and surgeons who fail to meet the standards set forth by their vocation. We will fight for you and your legal rights, because we are strong advocates for patients and their loved ones.

Learn More About Medical Malpractice Lawsuits

For more information about informed consent and other matters related to the practical and ethical practices of those in the medical profession, be sure to contact our medical malpractice attorneys serving Ogden today. The entire team here looks forward to meeting you in person and helping you receive just compensation for any injuries sustained, harm experienced, or undue hardships that have had to be endured.

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