Understanding Informed Consent in Medical Malpractice Claims

Selective focus photo of a medical professional talking to an unidentifiable individual.

The term "informed consent" is often used in the medical field, but what does it mean?

As experts in personal injury and medical malpractice cases, Curtis & Co. hopes to shed light on this critical aspect of healthcare. Our attorneys understand the gravity of these situations and have consistently demonstrated their dedication to fighting for the rights of patients who have been adversely affected by medical malpractice.

What Is Informed Consent?

Informed consent is a foundational principle in healthcare. It refers to a patient's right to be fully informed about their health condition, the benefits and risks of a proposed treatment, alternative options, and the potential consequences of refusing the treatment. Only after receiving this comprehensive information can a patient make an informed decision about their healthcare.

Informed consent is not just a moral obligation—it's a legal one, too. It is a crucial aspect of patient rights and autonomy, allowing individuals to have control over their bodies and healthcare decisions.

In the context of medical malpractice claims, informed consent plays a pivotal role. If a healthcare provider fails to obtain informed consent from a patient before conducting a procedure or treatment, it could amount to medical malpractice even if the procedure was executed flawlessly.

Real-life Examples

Take the case of a patient who undergoes surgery, for instance. If the surgeon does not adequately discuss the potential risks and complications of the operation with the patient, and the patient suffers harm as a result, the surgeon could be held liable for failing to obtain informed consent.

In another example, suppose a patient is prescribed a particular medication without being informed about its possible side effects. If the patient experiences severe adverse reactions from the medication, they could sue the prescribing physician for not obtaining informed consent.

Potential Consequences

The potential consequences of a healthcare provider's failure to provide informed consent can be severe and far-reaching. On a legal level, this act may lead to medical malpractice lawsuits, which could result in substantial financial penalties and, in some cases, the revocation of their medical license. Beyond the legal implications, such negligence can damage the healthcare provider's professional reputation, potentially impacting their practice and career for years to come.

Most importantly, the failure to obtain informed consent can lead to significant harm to the patient, both physically and emotionally. It can lead to unnecessary procedures or treatments, adverse health outcomes, and a deep sense of violation and mistrust. The patient may suffer from long-term health complications or psychological distress as a result of not being fully informed about their treatment options.

Advocates for You and Your Family

At Curtis & Co., we understand the intricacies of medical malpractice claims involving informed consent. We believe in the importance of patient rights and are committed to helping victims of medical malpractice seek justice. We have made it our mission to stand up for patients who have suffered due to medical malpractice.

If you believe that your healthcare provider failed to obtain informed consent, leading to harm, you may have grounds for a medical malpractice claim. Our team of dedicated attorneys can guide you through the complex legal process and fight for your rights. We stand ready to support those affected by such instances, advocating for your rights and working towards a fair resolution.

Learn how our Albuquerque personal injury lawyers can help you by calling (505) 871-3740 or contacting us online for a free consultation. Hablamos español.