Informed consent is the process by which a health care provider explains the risks, benefits, and alternatives of a proposed treatment or procedure. It is meant to better ensure that patients make well-informed decisions about their healthcare. A patient can hold a health care provider that moves forward with a procedure without receiving proper consent liable if the procedure results in injury.
To establish a lack of consent, a victim must generally establish the following:
- Failure to inform: The health care provider did not adequately inform the patient about the risks, benefits, or alternatives of the treatment.
- Material risk: The risk was significant enough that a reasonable person would have considered it important in making a decision.
- Causation: The lack of informed consent directly led to harm or injury that the patient suffered.
- Patient decision: Had the physician provided the patient with the information, they would have likely chosen a different course of action.
Each of these elements plays a critical role in building a strong case.
How does a patient build a case?
Patients need to gather evidence to build the case. Collect all medical records, consent forms, and any written communication between the patient and health care provider. These cases also often require expert testimony. This involves a medical expert who can testify about the standard practices for informed consent and whether the medical team followed these expectations.
Informed consent is a cornerstone of patient rights and medical ethics. When a medical professional fails to ensure a patient is fully informed before moving forward with a procedure or treatment, it can lead to devastating outcomes. Understanding the elements of a lack of consent claim and the steps to build a strong case are essential for victims seeking justice. By focusing on thorough documentation and expert testimony, victims can work their way through the complexities of medical malpractice litigation and hold the responsible party accountable for the costs that result from their error.