Medical malpractice laws have a new standard in which the court can challenge decisions made by medical professionals. It introduces the notion that the initial consent for treatment signed by a patient doesn’t provide permission for all procedures. To understand these new standards, it’s important to answer the question, “What is an Informed Consent Claim?’
Outlining Informed Consent
Under circumstances in which patients can make medical decisions for themselves, medical professionals are required by law to disclose all risks associated with a given medical treatment. This provides the patient with full comprehension of the risk and potential outcome for surgery and other treatments. It allows them to make an informed decision in all cases. When a doctor fails to disclose these details and the identified treatment is performed, the patient can file a medical malpractice claim, if they are injured.
Proving Your Case
With all medical malpractice cases, it’s vital for a medical expert to testify. This individual must practice in the same medical field as the defendant. The purpose is to determine if it’s possible for the procedure to produce the patient’s injuries. Next, their testimony determines if another medical professional performing the surgery would cause the same injuries. They review the course of action and decide if they or another medical professional would have chosen a different method for performing the treatment.
Under this new law, they must now determine if they or another medical professional would have disclosed all risks associated with the procedure to the patient. The law requires them to disclose all risks. However, they are not required to inform the patient of risks that are least likely to occur.
Exceptions for these Cases
In an emergency situation, or if the patient is severely distressed, the doctor doesn’t have to warn the patient of the risks. This exception applies to situations in which the treatment or surgery would save the patient’s life.
Victims of medical malpractice have more rights under the informed consent laws. These new guidelines provide patients with more authority over their health care. It also prevents them from undergoing procedures in which they feel the risks are too great. If you were injured due to medical malpractice, you should contact an attorney so he or she can answer the question, “What is an Informed Consent Claim?”
