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Doctors are an essential part of American society—they treat wounds, heal illnesses, and, in many cases, save lives. When we are sick or injured, we appreciate the knowledge and authority of a physician. However, we must always remember that we have the ultimate authority over our own bodies.
That’s why informed consent is a core component of medical ethics. Informed consent is when the patient is given all the information needed to decide on a medical treatment or procedure. The more knowledge a patient has about their condition and the medical professional’s plan to heal them, the more empowered they are to make a well-informed decision about the best course of treatment. If a doctor does not provide the patient with all the information, that is grounds for a medical malpractice lawsuit.
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If your illness or injury resulted from a lack of informed consent, contact the medical malpractice lawyers at Regan Zambri Long. Our experienced attorneys will assess your case, lay out your legal options, and work to recover maximum compensation for your losses.
The standard for informed consent complements the standard of care that all medical experts must uphold when practicing medicine. All doctors must provide medical care comparable to that of a reasonably competent doctor with similar training who would provide it in the same situation.
The medical standard for informed consent is similar: doctors must provide patients with information that any reasonable person would want to know before agreeing to a treatment plan. This includes information about the proposed treatment option, its benefits, risks, and possible side effects. The medical professional must also advise the patient about alternative treatment plans.
A health care provider performing a different procedure than the one a patient consented to violates patient rights and is illegal. It’s as simple as that.
You have a valid medical malpractice claim against the healthcare provider for performing a different procedure (or additional procedures) than what you consented to, even if that procedure was successful.
Here’s the bottom line: a physician cannot technically receive consent from patients if the patient is unaware of the details of the treatment plan.
Think about it this way: A friend asks to borrow your car, and you agree. When the car is returned, it is painted a different color and has thousands of extra miles. When you ask your friend, she insists you consented to letting her borrow the car. However, you never agreed to a paint job and a cross-country road trip.
Unauthorized treatment is similar to the situation with your car. You simply cannot say yes or no to a medical plan, whether a surgical procedure, medical testing, or other invasive treatments, that you don’t understand. If a doctor doesn’t clearly and fully explain the procedure, the benefits and risks, and any alternatives, then you have never technically authorized the treatment.
Lack of informed consent is not always necessarily medical malpractice. Basic medical procedures that are low-risk and commonplace do not need informed consent (i.e., medical checkups, checking vital signs, blood pressure, etc.). Even things like X-rays do not require written consent – most reasonable people understand the test is very low risk. However, even when informed consent isn’t mandatory, there’s still an ethical obligation for doctors to be transparent with patients whenever possible.
Informed consent is necessary when a reasonable patient hesitates or refuses a particular treatment after reviewing all the information. Treatments that require informed consent every time are:
Yes. As mentioned earlier, performing a procedure different from the one the patient authorized is illegal, regardless of the outcome. If this happens to you, contact a medical malpractice attorney immediately. Your medical malpractice lawyer will determine all liable parties, gather evidence to build a winning case, negotiate with the insurance company, and take your case to court, if necessary.
Remember, the foundation of all provider-patient relationships is trust. If a doctor operates outside the agreed plan of treatment, it raises serious concerns. You are the only person who has full authority over your body. A doctor has no right to change the course of treatment without your explicit consent.
Each state and jurisdiction has different time restrictions for filing a medical malpractice claim against a negligent healthcare provider. Washington, DC’s statute of limitations for medical malpractice claims is three years from the date of the injury or illness.
While this may seem like a long time, if you do not file a claim within that window, you will forfeit all rights to compensation. It is best to contact a medical malpractice attorney and file a claim as soon as possible.
Informed consent is not necessary when a patient is incapable of providing it. In the eyes of the law, minors are not capable of giving informed consent. Therefore, consent must be given by the child’s legal guardian or representative.
Additionally, patients with an intellectual disability or patients who are incapacitated (unresponsive and/or in a coma) are not able to give their consent. Like minors, an authorized personal representative may be contacted to consent on the patient’s behalf.
In medical emergencies, or if a person is experiencing a mental health crisis in which immediate medical treatment must be given to prevent serious injury to the patient or others, the medical provider may administer medication without seeking informed consent.
The Regan Zambri Long medical malpractice lawyers have been protecting the rights of Washington, DC, residents for nearly three decades. We believe in the miracle and necessity of modern medicine – that’s why we simply do not tolerate negligent medical professionals.
Unexpected medical expenses and lost wages due to missed time at work can financially ruin even the wealthiest individuals. You should not foot the bill and put your entire financial future on the line because of someone else’s mistake.
Our nationally-recognized law firm offers a free consultation to new clients. During your case evaluation, you will speak with a compassionate informed consent attorney who will listen to your story and give you an honest opinion about the validity of your claim. After, our legal team will work around-the-clock to ensure you recover maximum damages. Call today to get the process started.
