What Is Informed Consent?

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Many people who have been victims of medical malpractice don’t even know it. They will often trust the word of their health care provider, not have a full understanding of the mistakes that occurred, and even reason the injury or illness they suffered was actually a side effect or risk of the treatment they received. 

However, there is a big difference between a risk or side effect and a medical error made by a negligent health care provider. 

It may be helpful for individuals unsure whether they were a victim of medical malpractice to learn more about what informed consent is and why it matters to someone who has been a victim of medical negligence. You can continue reading to find out about how informed consent work, what it means for a medical malpractice to occur, and how a personal injury lawyer can help.

Informed Consent, Explained

Before you receive any treatment from a healthcare provider, they must inform you of the risks. Nearly every treatment whether it be surgery, antibiotics, or other drugs has some risk. It could make you nauseous, cause organ damage, result in a heart attack, or even death.

The purpose of getting a patient’s informed consent is to show the patient was informed of the risks of the treatment and proceeded with treatment despite the risk. 

The risk here will always stem from the treatment itself and not the actions of the health care provider. Informed consent only describes the risks of the treatment—assuming the competency of the healthcare provider providing the treatment. 

Breach of the Medical Duty of Care

In order for a medical malpractice lawsuit to be successful, your lawyer must show the health care provider or facility in question has breached the medical standard of care. When a health care provider makes a mistake that another provider of similar education, training, and experience would not have made, there has been a breach in the medical duty of care. 

For example, if a surgeon left a sponge inside your body cavity that causes a life-threatening infection, they would be found to be in breach of the duty of care. So would anyone else who was responsible for counting sponges before closing. 

Only after carefully examining the details of your case with your lawyer be able to tell you whether the duty of care has been breached in your case or your ailments are simply a risk you’re experiencing of the treatment you received. 

Contact a Medical Malpractice Lawyer

If you believe your healthcare provider’s negligence caused your injuries, you may be entitled to financial compensation. A qualified lawyer at Lopez & Humphries, PA could make all the difference in the outcome of your case. 

Schedule your free, no-obligation consultation when you call our office at 863-709-8500 or complete the quick contact form we have included at the bottom of this page.