Medical Malpractice and Informed Consent

Medical Malpractice Attorney

When people think of medical malpractice, they often think of bad surgical errors, like leaving a sponge inside of a patient or accidentally amputating the wrong limb. While these kinds of errors do happen, it is important to realize one of the most common forms of medical malpractice occurs when medical professionals fail to get informed consent from the patient. Informed consent means that the patients fully understand the risks that are involved with any procedure or medical treatment they are going to get. 

Why Is This so Important? 

This is a grievous medical malpractice error because informed consent is so important to the patient. Many patients will not have a background in the field of medicine and must understand the risks that come along with the treatment they are given. When this happens, the patient can choose to undergo the treatment or not by making an informed decision. With informed consent, the patient will also likely be signing documents. 

What Happens if I Was Never Informed of the Risks of the Procedure? 

If you spoke with the medical professionals who were treating you for your injury or illness and they never informed you of the potential harms and risks during and after the procedure, you may be dealing with medical malpractice. When this is the case, you will want to seek out an attorney, like a medical malpractice attorney from a law firm like Cohen & Cohen, P.C. Your lawyer can help you determine if medical malpractice occurred by asking a few questions.

  • Would another doctor have told you of the risk? Like other medical malpractice cases, you will want to seek a medical expert to determine whether other doctors in the same position would have disclosed the risks to you or not. 
  • Would you have chosen another treatment? If the doctor preferred this form of treatment and chose not to provide you with other available options for treatment, the court will want to know if you (or another normal person) would have chosen the same treatment that you received or a different treatment option. Regardless of whether a doctor prefers this treatment, they are required to provide you with other available options. 

What Are Your Options?

You should not have to deal with the aftermath of a medical treatment you would not have chosen in the first place. If you believe medical malpractice occurred because you were not given the appropriate informed consent, please reach out to a local attorney’s office you can rely on today. 

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