As a patient, you have the right know all the benefits, risks, and alternatives associated with any procedure you may undergo. Before medical providers can perform many different procedures, they must obtain informed consent from patients. If your doctor did not obtain your informed consent and you suffered any type of harm due to the procedure, you may have a viable medical malpractice claim. A Virginia medical malpractice attorney can help.Call the legal team at Tronfeld West & Durrett for help with your Virginia lack of informed consent case: 804-358-6741.
It is important to remember that nearly any treatment or surgery you receive from a medical expert requires consent. More importantly, just “consent” alone is not always enough.
The medical provider must have obtained informed consent.
Because of the potential for side effects or negative consequences, a doctor must inform his or her patients of a specific set of possibilities regarding the outcome of the procedure. Doctors must do this prior to beginning almost any treatment or procedure.
This information must include:
- A basic description of how the doctor will perform the procedure
- Reasoning behind the use of this specific treatment, and what the desired outcome is
- A list of any risks involved with the procedure
- An explanation of any alternative treatments that may be available in lieu of the upcoming procedure
- What the likelihood of success will be regarding the procedure
It is crucial for a doctor to give you all of this knowledge up front before you ever agree to go through with any sort of medical procedure.
A lack of informed consent could lead to many unfortunate repercussions for you or a loved one.
A side effect of medication prescribed to you could cause cancerous cells to form or a new birthing treatment could cause serious, long-term damage to your unborn son or daughter.
A new treatment could cause you weeks of recovery time that you may not have been informed about. This could cause you to miss important work meetings or business trips, that directly impact your financial status.
Knowing these facts means knowing whether or not the risks associated with a procedure are worth you going through with it.
If you are not comfortable with the potential results of a medical treatment, you should be given the right to decline it.
But without proper informed consent, you may never get that opportunity.
That is why it is very important for you to work with a team of legal experts who can assess your situation and determine if you were the victim of a wrongful medical malpractice case, due to a lack of informed consent.
A personal injury attorney from Tronfeld West & Durrett can help you file your lack of informed consent medical malpractice case today.
Nearly every state has informed consent laws in place meant to protect you and give you the right to receive all pertinent information before a medical procedure.
While informed consent is necessary in many cases, there are a few exceptions, such as:
- Before performing emergency or life-saving procedures
- For routine examinations such as taking your temperature, listening to your heartbeat, or performing a reflex test
While it is not acceptable for a doctor to perform a procedure without your consent, you will only have a case if you suffered some sort of harm.
For example, if your doctor did not obtain your informed consent — either verbally or in writing — and you suffered any of the potential risks associated with the procedure (or if he performed the procedure without your consent), you may be entitled to compensation.
Proving medical malpractice means proving four important points in court or to a rival attorney:
- Your doctor had a duty to inform you of any risks or side effects associated with your treatment
- Your doctor failed to meet his or her obligations in the regard
- Had you known about all the ramifications of your treatment, you would likely not have gone through with the procedure
- Your doctor’s failure to inform you led to suffering or harm on your behalf
Being able to prove these points will also take evidence — evidence that is more easily attainable when you have a team of legal professionals working to make your case successful.
This evidence includes proof that your doctor did not get your informed consent, such as an unsigned consent form. There must also be evidence showing that the procedure led you to experiencing further injury or harm.
That is one of the reasons why it is important to document any and all symptoms you experience after undergoing any type of medical procedure.
It is also crucial that you get the right team to help fight for you.