Failure to Obtain Informed Consent
When you have a medical malpractice claim sometimes that means that you medical care professional has not communicated with you properly and that resulted in your harm. H Bright Lindler is a North Carolina medical malpractice attorney who has had success handling failure to obtain informed consent cases like yours.
What is Informed Consent?
When you get medical care, your nurse or doctor is legally obligated to get permission from you or your health care proxy if you’re unable to do this yourself before they are allowed to perform a treatment on you.
Ethically they need to do this because they cannot make a decision for you about what happens to your body. Legally, they should tell you about the risks and benefits of the treatment they want to give you so that you can make an informed decision.
Once you know about what treatment they hope to give you, you or your health care proxy decide what happens. You may say you don’t want that treatment or you may go through with it after being fully informed about it.
They legally have to do this for you unless it is a life saving treatment and they are not presented with a DNR.
How Informed Consent Works
A medical care professional should know about the requirements of obtaining informed consent from you. They should know if they don’t obtain informed consent, then they are going to be liable for your harm and a medical malpractice claim will ensue.
Here is how informed consent should work:
- You have a discussion with your medical care professional directly
- You get a diagnosis
- You are told the pros and cons of a treatment that they want to give you
- You are informed of the risks of getting/not getting this treatment
- You are told all relevant alternatives to this treatment
- You learn the pros and cons of the alternatives
Once you have been informed about this medical treatment, they will have you sign off on it saying that you were given all of this information and you made a decision based on this knowledge. The medical care professional will also sign off on it.
If you hear about the term implied consent, please note that this is a completely different thing. Implied consent would be something like undergoing surgery and the surgeon has to address a complication that would save your life. Implied consent would not apply if you’re getting a surgery for one thing and the doctor saw a tumor and decided to take it out while they were operating. That’s a completely different surgery. Now if that tumor was life threatening, implied consent says they can take it out.
Why You May Need to Bring a Claim
Several things could happen that result in your medical care professional harming you including. You may not know:
- What kind of treatment you’re getting
- What the pros and cons of the treatment are
- What other treatment options are available to you
- What the pros and cons of those alternative treatments are
- What might happen to you if you do not get a treatment
You have a legal right to know what would happen to you with all options that are presented in front of you. You should have a good idea what could happen if you don’t get treatment, how it might help if you do get something, and the options you have for your condition. Your North Carolina medical malpractice attorney can help defend your rights.
What You Should Do If You’re a Victim of Medical Malpractice
Please note a medical malpractice claim of this nature exists for people who did not know the risks and were therefore harmed because of it. It does not help you if you did not know the risks and ended up getting better.
Once you find your North Carolina medical malpractice attorney, they have to prove the following for failure to obtain informed consent:
- Your medical care professional was obligated to you legally to obtain inform consent
- That same person did not obtain informed consent from you
- Had you known the risks you would have chosen differently
- You suffered harm because of this failure to obtain informed consent
These insurance companies will try very hard to absolve themselves from guilt so be sure you have a lawyer who is ready to fight for your rights.
Call Our North Carolina Medical Malpractice Attorney Today
You should not have to suffer because of someone else’s mistakes. When a doctor does not properly communicate with you, they become liable for your harm. Please call H Bright Lindler today to get the compensation you deserve. Our actions could lead to your justice.