How Consent Affects Malpractice
Consent & its Effects on Malpractice
Medical malpractice cases hinge on informed consent. Patients are supposed to give their consent to procedures with a full understanding of the procedure. If the doctor fails to mention certain complications, this could lead to a malpractice case. Here are some reasons you may have a malpractice lawsuit.
Failed to Give Informed Consent
Before a procedure, the doctor has to provide you with what the procedure entails and the possible complications. Informed consent means that you give the doctor your consent after understanding the full extent of the procedure. If you do not know the complications or statistically what could happen to you, then you cannot give informed consent.
Failed to Identify a Complication
The consent form is important as long as it is written properly and covers many possible complications. If you receive a consent form but it does not describe the complication, you may have a malpractice claim. The consent form should identify the odds of complications. There is no room for error during the consent form process.
The consent form does not have to cover every single complication. It should, however, include the most common complications and the ones that most doctors are aware of. If there is a rare complication that only occurred a couple of times out of thousands of times, then the doctor may not include it. However, if there is a well-known complication, the doctor should mention it.
If the patient suffers from a complication and the doctor did not include the complication, then he or she has a right to file a medical malpractice claim because he or she was not given informed consent.
Failed to Create a Valid Consent Form
If the doctor creates a valid consent form, then he or she does not have to worry about a medical malpractice claim. However, if the doctor did not inform you of the risks to the procedure or describe the likelihood of complications, then the consent form may not be valid. Doctors and other medical professionals also cannot pressure you to sign any consent forms or to force anyone who is mentally incompetent to sign the consent forms.
Consent is critical when it comes to medical procedures. If your doctor did not give you a proper consent form, then you may be able to sue for medical malpractice. If you suffer a complication that is unlisted on the paperwork and it causes serious harm, then you should contact a medical malpractice lawyer as soon as possible. If you are seeking a medical malpractice attorney, to help you out with your case.