Is Informed Consent Always Required?

Is Informed Consent Always Required?

If you are going to be having a medical procedure done, it is very likely that you will have to sign a consent form before you are treated. As such, you will likely be given a waiver that if you sign, you are indicating that you accept the risks associated with the procedure you are having and that you will not take legal action if you experience them.

In most cases, the waiver is enough to prevent a patient from suing their doctor or the facility where their procedure was performed. This is specifically true if the harm that happens is in the known risks that you were informed of.

When is it Unnecessary to Give Informed Consent?

s Informed Consent Always RequiredBefore a medical procedure, you and your doctor should be discussing what the procedure is and why it is recommended for your condition. Then, talk about how the procedure works, what to expect, and what the known risks are associated with the procedure.  Also, because different people have different levels of risk, knowing how dangerous the procedure could be to you alongside what the associated benefit would be if you move forward is also essential. 

In some situations, a patient has a high-risk threshold for a procedure to be done but the potential rewards for their health make the risk worth it. Other times, there is a serious concern for danger with a procedure but the risk of not having it done may be worse. Medicine is not definite and while there are many procedures that accomplish their goals for patients and the patient is better for it, in other situations, patients can be hurt from the procedure they undergo. 

Still, there are times when a patient is harmed after a procedure. Though it was not the procedure itself, it was by negligent errors on the part of the medical provider or facility. In these situations, even if you did sign a waiver, you may be still able to file a medical malpractice claim for compensation for your harm.

While many medical treatments will come with a waiver or consent form, some things will not. The following situations may not require your signature:

  • Minor, non-invasive medical treatment that is standard practice for a routine appointment may not require a consent form. For example, if you see a dermatologist and they are inspecting a problematic area of your body or if a nurse or technician takes your weight and vitals.
  • If your harm requires emergency care it may be impossible to provide informed consent for treatment. These situations will allow a doctor to use their conscience and training to make reasonable medical decisions to address the predicament.

Speak to a Jackson Medical Malpractice Attorney Today

Figuring out what is medical malpractice and what is not can be tricky. This is especially true for a patient who is suffering from injuries. Working with a Jackson medical malpractice attorney can help you better understand your situation and if you were the victim of medical malpractice. Call a Jackson personal injury lawyer at Germany Law Firm, PLLC today to schedule a free consultation at (601) 487-0555.