Here at Harrell & Nowak in New Orleans, we understand that legal proceedings are often fraught with jargon and supreme complexity. That’s why we are here for you and your loved ones. When dealing with a medical malpractice case involving doctor negligence or a serious auto accident that has left you permanently disabled, having skilled litigators on your side can make all the difference.
An issue that pops up a fair amount regarding medical negligence cases is informed consent. We want to look at some of the basics of informed consent and why it is so important for the well-being of all patients.
What is informed consent?
Informed consent means that a doctor will provide a patient with essential information about many medical procedure that is going to be performed. This includes details on the benefits of the treatment as well as its risks, the side effects, and potential complications that may be involved. Treatment alternatives should also be discussed as well. The patient, upon receiving all of this information, will then offer consent to undergo the medical procedure.
There’s typically a consent form that is signed by the patient, though informed consent can go beyond a mere signature. It refers to a duty of the medical professional to ensure health and wellness.
Why is informed consent so important?
Informed consent essentially means making the patient aware of potential health problems or health issues that may be faced. Providing this kind of information is the least that a medical professional can do for a patient, especially before a surgery or involved/long-term therapy of some kind.
Failure to Obtain Informed Consent
If a patient is only told about the benefits of the procedure and not made aware of any potential complications, this may be grounds for a medical malpractice lawsuit if that patient suffers harm at the hands of the doctor.
In addition, if a patient is told about a medical procedure but is not informed about less invasive treatments that may be just as effective, there may be grounds for a medical malpractice lawsuit there as well. The reasoning is that the patient may have been more likely to select the less invasive and potentially less risky procedure.
Standards for Informed Consent
In essence, informed consent considers two important standards:
- Would the patient have given consent if he or she knew the risks of treatment?
- Would other medical professionals have disclosed the potential risks to their patients?
A number of informed consent cases come down to careful consideration of the above given the circumstances of a case.
Are there any instances in which informed consent is NOT required?
Yes, and that is what can complicate these informed consent cases.
In life-or-death emergencies, informed consent is not necessary. During instances where there is an urgent need to save the patient’s life, a medical professional will not have reasonable time to disclose all of the risks of and alternatives to a life-saving procedure.
Another exception involves the emotional or mental state of the patient. If the risks of a procedure would lead a patient to suffer unhealthy stress and anxiety, the doctor may elect to not disclose all of the risks. This is a careful judgment call that needs to be made, and certainly any cases of poor judgment on the part of a medical professional may be grounds for a lawsuit.
Legal Assistance Is Crucial
Given all of the complexities involved, it is of the utmost importance that you have skilled medical malpractice attorneys on your side. We will work closely with you and help you negotiate the nuances and difficulties of the legal process.
Speak with Skilled Medical Malpractice Attorneys
If you or someone that you love has been the victim of a negligent medical healthy professional, it’s of the utmost importance that you contact our personal injury law firm today. The legal team at Harrell & Nowak looks forward to your visit and helping you receive just compensation for injuries and losses.