Before you agree to a medical procedure or treatment, you expect the physician in charge of your case to go over the risks, benefits, and potential side effects that may occur. This is called informed consent and is a critical part of ethical healthcare. But what does the term “informed consent” actually mean, and why is it so important in the medical field?
Keep reading to learn why it’s crucial for patients to have the information they need to make educated decisions about their care, and what happens when a medical provider fails to obtain informed consent before a procedure.
What Is Informed Consent?
Informed consent is the process of providing a patient with all the information they need to make a decision about a proposed treatment or procedure. This includes its risks, potential benefits, any alternatives that may be available, and what the patient can expect if they opt out. This helps make sure that patients remain in charge of their own healthcare decisions and that they have a clear understanding of what they are agreeing to.
Why Is Informed Consent Important?
Every person has the right to make decisions about their own body and the procedures they undergo, but this can be difficult to do without enough data. Informed consent provides patients with the information they need to weigh the benefits and risks of treatment themselves. This empowers them to make voluntary, educated choices about their healthcare and fosters trust between the patient and their medical providers.
A Review of the Components of Informed Consent
There are several aspects of informed consent that must be met, including:
- Discussing all the risks associated with a procedure or medication with the patient
- Informing the patient of the likelihood of severe complications based on their individual circumstances
- Discussing the potential and expected benefits for the patient if all goes well
- Letting the patient know what alternatives might be available and how each compare to the proposed treatment
- Informing the patient of the expected and potential side effects and how to manage them
- Obtaining a clear and voluntary agreement from the patient to proceed
Knowing When Informed Consent Is Required
A physician must obtain informed consent from a patient before any procedure is done or any treatment or medication is administered. Even for procedures that are non-invasive or that are not expected to cause serious side effects, it’s essential that medical providers make sure the patient is fully aware of the risks and benefits before consenting.
Are There Any Exceptions?
In the case of an emergency and other situations where medical care must be administered quickly to save a patient’s life, it may not be possible to get informed consent. When applicable, medical providers should ask the patient’s next of kin, but this isn’t required to perform lifesaving procedures.
What Happens If Informed Consent Is Not Obtained?
If a medical professional fails to obtain informed consent before a procedure, there can be harsh consequences if something goes wrong. If there are complications during the surgery or treatment, or if the patient experiences serious adverse effects that they weren’t prepared for, the provider may be at fault for any damages.
For example, if you weren’t told about all the possible consequences of bariatric surgery before you agreed to undergo the procedure, and experienced malnutrition and extended hospitalization as a result, the surgeon may be held responsible for the additional medical care and expenses the patient will incur.
When You Can Sue for Lack of Informed Consent
To successfully win a lawsuit against a doctor that did not get informed consent from you or a loved one before a procedure, you need to be able to prove that you suffered damages as a result of the provider’s negligence. If the procedure went well and no complications arose, there may not be enough to bring a claim for.
Injured by a Doctor or Hospital? Mazow | McCullough, PC Is Here for You
Being hurt by a doctor, hospital, or other medical professional is nothing short of terrifying. After all, these are the people who should be taking care of you at your most vulnerable. At Mazow | McCullough, PC, we can help your family get justice from negligent or abusive medical providers. Contact our Salem, MA medical malpractice attorneys to get started by calling (978) 744-8000 or (855) 693-9084 (toll-free).
