Medical malpractice occurs when a doctor does not follow best practices, and their choices cause harm to a patient. If a doctor proposes an invasive, experimental or risky treatment plan, they typically need to secure informed consent from the patient or a parent or guardian.
Unfortunately, some physicians rush through the process of securing informed consent. Others simply have their support staff obtain signatures on a form asserting that the patient has provided informed consent.
Previously signing a document does not automatically mean that a patient provided informed consent. If they experience an unexpected negative outcome, they could have grounds to challenge the practices of the doctor or the medical facility involved.
Patients need to know the risks
Many things can go wrong during medical treatment. People can develop adverse reactions to medications. They might not respond well to treatment, which may mean they require additional care or their condition worsens.
People choosing a treatment plan need to understand their diagnosis and their different treatment options to make an informed decision about their care. Doctors generally need to educate their patients about a proposed treatment plan to secure their informed consent.
That process usually involves discussing the risks, exploring alternative treatments and clarifying the likelihood of treatment success. If a physician simply handed a patient a pamphlet or asked them to sign a form without discussing the treatment plan, the patient may not have been able to provide informed consent.
If the treatment fails or the patient has an adverse reaction to treatment, they may have grounds for a medical malpractice lawsuit if they didn’t provide informed consent. Getting the right legal guidance can help someone determine whether a doctor failed to fulfill their professional duties prior to treatment.