In Minnesota, all patients are given the right to informed consent. Patients must have all of the vital information about a proposed procedure and give their voluntary consent before receiving medical treatment. Without informed consent, a health care provider could face legal liability for harm suffered by the patient under the rules of medical malpractice law.
What Is Informed Consent?
Informed consent refers to a process in which a medical provider explains to a patient the risks, benefits and alternatives of a particular medical procedure or treatment. This education is a key patient right. Informed consent and voluntary agreement to receive treatment are critical to legally and ethically protect the patient and health care provider.
In the early 20th century, physicians could make decisions on behalf of a patient regardless of the patient’s wishes. With advances in the law, today’s patients have autonomy over their own health care. They have the right to agree to receive treatment after being fully informed of the details of the procedure, the associated risks, the potential benefits and available alternatives.
Informed consent is vital for ethical reasons. As the court ruled in the 1914 case of Schloendorff v. Society of New York Hospital, every adult human patient of sound mind has a right to decide what is done to his or her own body. Without the right to give informed consent, a patient could be subjected to experimental medical procedures or treatments he or she does not want.
What Is a Lack of Informed Consent? When Is It Medical Malpractice?
Health care professionals must clearly explain the key details of a procedure, including potential risks and alternatives, and document the process to meet the required standards of informed consent. Informed consent must contain the following:
- Details about the patient’s diagnosis and key information relevant to their condition
- A clear recommendation for treatment with supporting reasoning
- A detailed description of the proposed treatment or procedure
- Important information about the steps involved and any equipment or medication that will be used
- The potential risks of receiving and refusing treatment, including any relevant possible side effects
- Possible benefits or positive outcomes of receiving treatment
- Any available alternatives, including less invasive options
- The patient’s voluntary consent without coercion (the patient must be competent)
- Proper documentation of the informed consent process
To meet the requirements of informed consent, a health care provider must give clear information and assess the patient’s understanding. If a physician negligently does not ensure informed consent, the patient may suffer adverse health outcomes that he or she would not have agreed to risk. This can result in a medical malpractice claim against the practitioner.
Seeking Compensation for Failure to Obtain Informed Consent
If you underwent a procedure that you were not adequately informed or warned about beforehand, you may have grounds to bring a legal claim against a health care provider for damages you suffered as a result. This may include adverse health outcomes, negative side effects, medical complications, debilitating effects, related medical bills, pain and suffering, and other losses.
You have the right to be an active participant in your own health care decision-making. If you are a victim of the failure to obtain informed consent, a medical malpractice claim could lead to financial compensation to make you whole again. A lawsuit can also hold the health care practitioner accountable, potentially leading to institutional changes in the future. To discuss your particular case in detail at no cost, contact the medical malpractice attorneys at Goldenberg Lauricella, PLLC for a free consultation.