Informed Consent In Terms Of Medical Malpractice

At Martin Walker Law, we want to make sure all East Texans are made aware of the role they have in their own personal health care. To do this, we feel it’s necessary that you know the meaning of informed consent and how it relates to medical malpractice. Before undergoing any medical procedure or treatment, you have the right to certain information that will enable you to make proper informed consent. If informed consent is not properly given by a medical care facility, and you experience an injury during your treatment, you may be entitled to pursue compensation. Our team wants to be there for you if that were to happen. However, we are writing this blog post in hopes that it reaches you before anything like this ever takes place. We have compiled a list of details that will help you achieve proper informed consent during your next hospital visit.
Your health care provider is required to give their patients all the positive and negative details about their treatment. Make sure next time that your doctor or nurse provides you with these key details:

  • The Diagnosis
  • The chosen treatment route and the reason for choosing it
  • Any possible benefits to the chosen treatment
  • Any possible risks to the chosen treatment
  • Any possible risks or benefits that could result from not undergoing the chosen treatment
  • Alternative treatments to the chosen treatment and any risks or benefits associated with them

Be aware that some health care providers will already have an informed consent form ready for you to sign. Make sure you read carefully all the details before signing. Keep in mind also that there are some situations where informed consent is not necessarily needed. These include:

  • Routine medical treatments
  • Emergency situations
  • Providing patients with care who cannot give consent
  • If giving informed consent will lead to harm to the patient

Before you decide that you have received an injury due to a lack of informed consent make sure that you are able to prove any of the following:

  • There was an obvious duty to get informed consent before performing the medical procedure.
  • Your provider failed to acquire your informed consent.
  • You would have never consented to the treatment or procedure if you were properly informed of all risks.
  • An injury occurred as a result of the lack of informed consent.

If you or a loved one believes they have received an injury because of a lack of informed consent, or any other medical malpractice situations, please don’t hesitate to call us for a free consultation today. (903) 526-1600