Informed Consent and Medical Malpractice

Informed consent is a critical component of a patient’s healthcare. Informed consent is when a patient grants the healthcare provider permission for medical treatment with the full knowledge of the possible risks and benefits. If a healthcare provider does not fully explain the risks of a procedure, such as surgery or medication regimen, and the patient is injured in the course of treatment, then the patient may file a medical malpractice lawsuit.

If you or your loved one were injured by a healthcare provider due to a lack of informed consent, the medical malpractice lawyers at Regan Zambri Long can help you collect the compensation you deserve. Our lawyers are routinely named among the “Best Lawyers in America” and have secured millions for clients in the past. We are confident we can do the same for you. We offer a free consultation where you can discuss your claim with a seasoned medical malpractice attorney explore every option you may have. Call today.

What Are the Standards for Informed Consent?

While the basic idea of informed consent is uniform in the DC Metro Area and across the United States, the individual standards of informed consent vary slightly in every jurisdiction. The Regan Zambri Long medical malpractice attorneys take cases in Maryland, Virginia, and Washington DC.

Our lawyers are deeply knowledgeable in the medical malpractice laws in each state. We will use our knowledge of the laws and court systems to secure maximum compensation for you and your family.

Maryland’s standards of informed consent

According to Maryland’s common law doctrine of informed consent, a patient must be a “mentally competent adult” who can give or withhold consent to medical treatment after being given a fair and reasonable explanation of the proposed treatment. In Maryland, every adult is presumed to be competent. A patient must be able to do three things to be considered capable of making an informed decision:

• Understand the healthcare provider’s explanation, including the possible consequences of treatment.
• Be able to rationally weigh the risks and benefits of the treatment.
• Be able to communicate his or her decision.

Virginia’s standards of informed consent

The state of Virginia puts the burden of informed consent on the healthcare provider. Virginia law states that healthcare providers must:

• Accurately inform their patients or their legal representatives of the medical diagnosis, prognosis, and prescribed treatments. The practitioner must never make deliberately false or misleading statements to the patient about the patient’s condition or prescribed course of treatment.
• The doctor must tell the patient about his or her condition and the treatment plan in a way the patient will fully understand. The doctor should encourage participation in decisions regarding the patient’s care.
• Before surgery or another type of invasive procedure, the doctor must inform the patient of the risks, benefits, and alternatives of the surgery.
• If the patient is a minor or a person who is incapable of communicating due to a physical or mental disorder, then a legally authorized person must be informed and provide consent. The only exception to the consent requirement in Virginia is in an emergency when delaying treatment to obtain consent may harm the patient.

Washington DC’s standards of informed consent

Washington DC enforces strict laws on healthcare providers regarding informed consent. Practitioners must:

• Present the patient with all available treatment options and all the material necessary for the patient to make a decision. Information on the proposed course of treatment, including the risks and benefits, must be made available to the patient. Other information should be given, like the risk of lack of treatment and the side effects of the treatment.
• If the healthcare provider suspects the patient is lacking the capacity to provide informed consent, then a determination of the patient’s capacity must be made before treatment is given. The practitioner must seek consent from someone who is legally authorized to give consent on behalf of the patient.
• If the patient cannot consent and also does not have someone who is legally authorized to give consent on their behalf, a guardian must be appointed to the patient.
• If the course of treatment involves psychotropic medications (antidepressants, anti-anxiety, stimulants, antipsychotics, and mood stimulators) then the provider can only administer that medication if the treatment is accompanied by a behavioral plan.
• In emergencies, when delaying treatment would harm the patient, the healthcare provider may continue treatment without informed consent.

Medical Malpractice Lawyers You Can Trust

At Regan Zambri Long, we understand that a medical injury could change the victim’s life forever. Permanent damage can leave the victim unable to work, return to their everyday routine, or simply function normally. In short, medical injuries can be devastating to a victim and their families. Unfortunately, our attorneys have seen countless medical injuries happen because of negligence and we don’t think it’s fair. It isn’t fair that someone else’s negligence turned your life upside down. We are here to help.

When you work with a Regan Zambri Long medical malpractice lawyer, your lawyer will take the following steps to secure fair compensation:

Determine liability: We will work to determine who is liable for your medical injury. In many cases, a single patient may have several doctors working on their case. Your attorney will determine if one or more healthcare providers failed to properly inform you about the risks of your procedure. We will pursue damages against all at-fault parties.

Decide the damages: There is no single estimate of how much you will receive for a medical malpractice claim. The settlement amount largely depends on the severity of your injuries. However, your Regan Zambri Long medical malpractice lawyer will pursue:

• Current and future medical expenses
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Wrongful death

Build the case: Our medical malpractice attorneys work with a team of medical consultants who will help us understand what is informed consent and what a reasonable doctor would have done in the same situation. We will use medical records, photos, video, and expert witnesses to secure the highest possible settlement.

File the claim: The statute of limitations for medical malpractice claims in Maryland and Washington DC is three years. In Virginia, the victim only has two years to file the claim. When you work with a Regan Zambri Long medical malpractice lawyer, we will handle the paperwork for you. Your only job will be to make a complete recovery. We will make sure the paperwork is filed correctly and on time.

We understand we cannot change what happened to you. However, we know we can make a difference in how you move forward from here. Contact our medical malpractice lawyers today for a free case evaluation to get the claims process started.