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How Does Informed Consent Apply to Malpractice Claims?

Published on Nov 1, 2018 at 5:14 pm in Medical Malpractice.

Deciding to have a procedure can be a nerve-wracking thing. Many people are nervous about surgeries, but when they decide to have or not have one, they are supposed to have all the relevant facts about the procedure. A physician is supposed to get informed consent from their patients before they have a surgical procedure or treatment. Any injuries or complications that arise during a procedure where the patient didn’t give informed consent may be grounds for a claim. An Atlanta medical malpractice lawyer from Bey & Associates can help you get the compensation you deserve.

What Does Inform Consent Look Like?

You should have a clear idea of what informed consent really is so you know if your healthcare provider offered it to you or not. After these discussions, you will typically have to sign a form that states you are giving informed consent and your healthcare provider explained everything to you. It’s also been found that informed consent as a process is more effective than handing you a piece of paper with possible risks. It allows you to ask questions and you can have confidence in your decision. Informed consent includes:

  • The medical professional discussing the treatment or procedure with you.
  • How this treatment could help your diagnosis.
  • Going over the benefits and risks of the procedure.
  • What could happen if you don’t go through with the procedure.
  • Any other procedures or alternative methods you could use as treatment and their respective benefits and risks.

But it’s also important to know about the different forms of informed consent. There could be a case of implied informed consent. If something went wrong during treatment or a procedure and you are unable to give consent, your doctor or surgeon is still going to do everything to stop the complication.

What Happens When There Is Lack of Informed Consent?

When there is a lack of informed consent, the patient didn’t have all the facts before agreeing to undergo a procedure. They may agree without being able to take the risks or negative consequences into account. If something goes wrong during the surgery, then the patient could have severe injuries. But they may have never agreed to have the procedure if they had known the risks and possible complications.

This could mean that someone chose to have a procedure without giving informed consent and now they have an injury that’s changed their lives forever. It could be an injury to the brain or spine that affects brain functioning or mobility. The person may no longer be able to do their job or could drastically have to alter their lifestyle from now on.

You have options if you didn’t give informed consent. Your medical malpractice claim will have to prove:

  • The medical professional was supposed to tell you about the surgery and get informed consent with you before having the procedure.
  • They didn’t inform you about the risks or disclose everything they were supposed to.
  • Your agreement would have changed based on the knowledge of the supposed risks and wouldn’t have opted to have the procedure.
  • You were injured because of the procedure.

Once you have these items in place, you can move forward with your claim. Your personal injury lawyer will look into how much your injuries have cost you by looking at medical expenses, lost wages, and accounting for your pain and suffering throughout this process. They’ll evaluate what your compensation should be and you can move forward in pursing a settlement that will help you cover the financial aspect of your injuries.

How Can an Atlanta Medical Malpractice Lawyer Help You?

We know that it can be intimidating to file a medical malpractice claim. But when you stand up for yourself, you could possibly make changes for the future. The hospital may adopt stricter policies and procedures about their patients receiving all the information they need about their procedure or treatment so they can make an informed decision. Holding the responsible party accountable is one of the most effective ways to facilitate change because they won’t want to be held liable again.

The lawyers at Bey & Associates are ready to help you. Our experience in medical malpractice cases and compassion for our clients sets us apart from the others and drives us to deliver results. We will do everything possible to get you the compensation you need so you can start your recovery. Get in touch with us today to schedule a free consultation.