Before any medical procedure, patients have the right to be fully informed about the risks, benefits, and alternatives involved. Known as “informed consent,” this principle is fundamental in healthcare. When informed consent isn’t obtained, patients may have grounds for legal action if harm occurs.
What Informed Consent Means
Informed consent involves a transparent process where healthcare providers explain the treatment or procedure, addressing:
- Details of the Procedure: Why it’s recommended and what it entails.
- Risks and Benefits: Including possible side effects or outcomes.
- Alternatives: Other treatment options, including the choice to decline the procedure.
When Informed Consent is Not Provided
If informed consent is neglected, patients may undergo treatments with unexpected risks, leading to physical or emotional trauma. This can constitute medical malpractice, especially if a patient suffers harm due to undisclosed risks.
Steps to Take if You Believe Consent Wasn’t Properly Obtained
If you were not fully informed before a procedure:
- Gather Documentation: Keep records of any conversations, written materials, or pre-procedure notes.
- Seek Legal Advice: An attorney can help determine if your rights were violated.
Informed consent is a vital part of patient care, ensuring individuals can make educated health decisions. If you believe your rights to informed consent were not honored, Cooper Schall & Levy, P.C. is here to assist. Contact us today to learn more about your rights and pursue any legal remedies available.
