Medical Malpractice and Informed Consent

In order to reduce the amount of harmful medical treatment, the medical profession requires informed consent from patients for all but the most drastic and time-sensitive procedures.

What Is Informed Consent?

Part of providing sufficient medical care is letting the patient know what kind of medical care is being provided, and what the results of this might be. This is called "informed consent," and is an important part of medical care. In many cases, medical care provided without informed consent to the patient can be considered medical malpractice. Informed vs. Implied Consent Implied consent, on the other hand, is consent that is given, not explicitly by words or writing, but implicitly, through someone's actions or the particulars of the situation. In medicine, implied consent is most often associated with emergency procedures and first aid, in which there is no time or opportunity for a patient to give consent to the medical care. If a person is at risk of further injury or death without medical treatment, but is unconscious and unable to respond, medical professionals have the implied consent to provide medical attention. However, virtually all other situations require a person's explicit consent before medical attention can be given.

When Must a Doctor Inform Me?

Before a doctor or physician can perform any medical care, he or she has to let you know several particulars about the procedure, including: The doctor must explain to you the nature of your problem or condition. The doctor must explain the procedure he or she intends to perform, and how it will help. The doctor must explain why the treatment is necessary for your health. The doctor must detail any potential side effects that treatment may have. Informed consent requires more than your agreement to undergo the procedure. It requires you to have been fully aware of the procedure, why it was necessary, and any potential outcome before agreeing to it.

To learn more about the importance of informed consent in medical care, visit www.lcjlawfirm.com, or email me directly at RJaffe@lcjlawfirm.com

Richard S. Jaffe, Esq.