Can Lack of Medical Informed Consent Lead to Medical Malpractice?

Did you know that approximately 250,000 deaths occur yearly in the US due to medical errors?

Various risks and side effects are involved when performing specific medical procedures and surgeries. Doctors must get medical informed consent from their patients before administering treatment.

Failure to do so may lead to a malpractice lawsuit. This is where you sue a doctor for withholding some of the details of the procedure. These details include side effects, possible complications, and consequences.

A doctor should pay for damages or injuries caused during an unconsented procedure. Read on to know why lack of medical informed consent can lead to medical malpractice.

Standards for Informed Consent

An informed medical consent claim is entirely based on the fact that a patient would not have agreed to undergo a medical procedure if they knew of the risks involved.

It may not be possible for a doctor to disclose every single risk. However, two standards are used to establish whether a certain risk should have been disclosed.

First, would a competent doctor have told the patient about the risk? This will signify the importance of disclosing the risk and whether it was highly likely to occur.

The second standard mostly focuses on the issue from the patient’s perspective. Would a reasonable patient choose to undergo the procedure if they knew the risks?

Performing a Different Procedure

In some cases, you may accuse a doctor of medical malpractice if they performed a completely different procedure from the one you consented to.

Before giving consent, the procedure and process is well explained. If the doctor decides to change the procedure without letting you know, that qualifies as malpractice. These cases include operating the wrong limb or removing the wrong organ.

However, there are instances where the procedure was necessary. The doctor may have also fixed a severe issue discovered while performing the first procedure.

These rules out the possibility of a lawsuit. It’s advisable to read an article on a medical lawyer to establish whether your case is fit for a lawsuit and how a lawyer can assist you.

Failing to Describe a Complication Accurately

A patient consent form should include all risks and complications that are likely to occur. A doctor must ensure they have accurately described the odds of the complication.

For example, the form may state that the complication only occurs in about 5% of the cases when it’s 30%. You are free to sue the doctor on the claim you wouldn’t have agreed to if you knew the actual risk.

Can Lack of Medical Informed Consent Lead to Medical Malpractice?

As a medical patient, it’s your right to know all the risks involved in a procedure you are to undergo.

Once you fully understand and have all the relevant information, you can decide whether to give your medical informed consent or not.

A medical procedure or surgery done without your consent is illegal, and you have the power to sue the administration involved.

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