What is Medical Informed Consent?

In healthcare, informed consent ensures patients understand and agree to the medical treatments or procedures being proposed. Without proper informed consent, a patient’s rights may be violated, and the consequences can be devastating. If you believe your healthcare provider failed to secure your informed consent, you may have grounds for a legal claim.

Below, the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo help you understand the concept of informed consent and how it applies to medical malpractice cases.

Defining Medical Informed Consent 

Medical informed consent is when a healthcare provider explains the risks, benefits, and alternatives of a proposed treatment or procedure, allowing the patient to make an educated decision about their care. Informed consent must be given voluntarily and with a full understanding of the medical information provided.  

For consent to be valid, the provider must:  

• Clearly explain the procedure or treatment, including its purpose and expected outcomes.  
• Disclose potential risks, side effects, and complications.  
• Discuss alternative treatments or procedures, including no treatment at all.  
• Allow the patient to ask questions and provide honest, clear answers.  

Patients also have the right to refuse treatment, even if a doctor believes it’s in their best interest. Informed consent respects a patient’s autonomy and ensures they are actively involved in their healthcare decisions.  

When Informed Consent Is Lacking  

Failing to secure informed consent before performing a procedure can lead to serious legal and ethical violations. This failure can occur in several ways. For instance, a healthcare provider might neglect to disclose important risks or side effects associated with a procedure, leaving the patient unaware of potential complications. In some cases, a patient may lack the mental capacity to consent, and if no legal guardian is consulted, the consent is invalid. Information that is unclear or misleading can also undermine the process, as patients cannot make truly informed decisions without accurate and comprehensive details. 

Additionally, if consent is obtained under pressure or coercion, it is not considered voluntary and therefore does not meet the standard of informed consent. For example, if a surgeon performs a procedure without fully explaining the associated risks and the patient experiences complications they were not informed about, this could constitute a lack of informed consent. In such situations, victims may have grounds to file a medical malpractice claim to seek accountability and compensation for the harm they have suffered. 

Exceptions to Informed Consent  

There are some situations where informed consent may not be required. For example, during medical emergencies, providers may act without consent if the patient is unconscious or otherwise unable to provide it, and delaying care would endanger their life. Additionally, some risks may be considered so minor or widely understood that they don’t need to be explicitly discussed.  

However, outside of these exceptions, a failure to secure informed consent may indicate negligence. An NYC medical malpractice lawyer can help determine if your case falls within these exceptions or if you have grounds for a claim.  

If you believe you’ve undergone a medical procedure without proper informed consent and suffered harm as a result, consult an experienced medical malpractice lawyers in NYC to review your medical records, consult with experts, and build a strong case. An experienced attorney, like those at SPBMCC, can help you pursue compensation for medical expenses, pain and suffering, lost wages, and other damages. 

Contact an Experienced NYC Personal Injury Lawyer at SPBMCC Today

Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.