Lack of Informed Consent? Call Graves McLain Now for a Free Consultation.
As a patient, you have the right to fully understand your condition. You deserve to be informed on what treatment your body will undergo and the risks associated with that treatment. If your doctor fails to educate you on the details of your planned treatment or performs treatment for which you were not properly advised, you are unable to give informed consent. In these situations, patients may have a claim for monetary damages if they have not been properly educated on the risks of the procedure.
At Graves McLain, we believe that all medical patients have the legal and moral right to determine what happens to their own bodies. Medical professionals should not be able to legally bypass the decision-making process for patients. If you believe that your surgery or procedure was completed without you understanding the risks, consequences or alternatives that may be available, or if your doctor performed more surgery than you had agreed upon, call the attorneys at Graves McLain to discuss your case with a free consultation.
Informed consent consists of two major components:
Unless it is an emergency, a doctor cannot administer pharmaceuticals or perform surgery without your consent. If a doctor does not get informed consent from a patient, and the patient is injured, the patient may have grounds to sue the doctor for medical malpractice. Some of the components that should keep in mind to determine if you might have a case include:
You must be fully advised on your course of treatment. All risks and rewards related to your treatment should be disclosed by your doctor.
You must give permission, be it oral or written, for your doctor to execute any treatment.
Although many patients may not think about it, any unauthorized touching of a patient by a doctor or healthcare professional may be considered a lack of informed consent. Even if the doctor says a patient needs life-saving surgery, they are still allowed to say no and make their own medical decisions by law – as long as they have been informed of the risks, consequences and potential alternatives that may be available to treat their current condition.
You need to be told about and understand many things before treatment begins, including:
The name of the doctor performing the procedure and his qualifications
Your medical condition
The purpose of the procedure
The risks involved
Any alternative treatments or procedures and risks involved
The chances of the success of the procedure
The expected recovery times
The approximate cost of the procedure and if it is covered by your health insurance