What Is Informed Consent?

What is informed consent in personal injury law?

Informed consent is a patient’s agreement to a medical procedure or treatment after being fully informed about the risks, benefits and alternatives. In personal injury and medical malpractice cases, lack of informed consent can form the basis of a lawsuit if the patient suffers harm they were not adequately warned about.

• Patient must be fully informed before agreeing.

   

• Covers risks, benefits and alternatives.

   

• Key in medical malpractice claims.

   

• Protects patient autonomy.

   

When is informed consent required?

It’s generally required before any significant medical treatment, surgery or invasive procedure. Even non-invasive treatments may require informed consent if there are material risks the patient should know about.

• Before surgery or major treatments.

   

• For procedures with significant risks.

   

• Sometimes for non-invasive treatments.

   

• Required whenever risks are material.

   

What happens if informed consent is not obtained?

If a doctor fails to obtain informed consent and the patient is harmed, the patient may have a claim for damages. The case focuses on whether a reasonable patient would have declined the treatment if properly informed.

• May result in medical malpractice lawsuit.

   

• Focuses on reasonable patient standard.

   

• Damages may include medical costs and suffering.

   

• Encourages clear communication by providers.

   

Are there exceptions to informed consent?

Yes. Emergencies, where the patient is unconscious or unable to consent, may excuse the requirement. In such cases, the law presumes the patient would agree to necessary treatment to save life or prevent serious harm.

• Medical emergencies.

   

• Patient incapacity without representative.

   

• Urgent need to save life or prevent harm.

   

• Must act in patient’s best interest.

   

Conclusion:
Informed consent protects patients’ rights to make knowledgeable decisions about their medical care and ensures providers communicate all relevant risks and options.