Before undergoing surgery or any medical procedure, patients have the right to be informed about the potential risks and make their own decisions about whether to proceed. This is known as informed consent. If a doctor performs a procedure without properly informing the patient of the risks, and the patient is harmed as a result, they may have grounds for a medical malpractice lawsuit.
The Importance of Informed Consent
The goal of informed consent is to ensure that patients understand the risks associated with a procedure so they can make an informed decision about their health. This typically involves signing a consent form, but that alone may not be sufficient. Doctors are responsible for clearly explaining the risks, alternatives, and potential outcomes to the patient. If this does not happen and the patient experiences complications, the doctor could be liable for malpractice.
Standards for Proving Lack of Informed Consent
To determine if a patient has a valid claim for lack of informed consent, courts usually apply one of two standards:
- Doctor-focused standard: Did a competent doctor in a similar situation disclose the risk to the patient? If the risk was significant and reasonably likely, the doctor may have been required to inform the patient.
- Patient-focused standard: Would a reasonable patient, knowing the risks, have declined the procedure? Under this standard, the patient’s perspective is central, and doctors are expected to inform patients about alternatives to the proposed treatment.
Expert Testimony in Informed Consent Cases
The doctor-focused standard often requires expert testimony to establish what risks a competent doctor should have disclosed. However, under the patient-focused standard, the court may not always need expert testimony, as the focus is on whether the patient would have made a different decision if fully informed.
Performing a Different Procedure Without Consent
If a doctor performs a procedure different from the one the patient consented to, the patient may have a malpractice claim for lack of informed consent. However, if the doctor addresses a life-threatening issue that arises during the procedure, they may not be liable, as long as the intervention was necessary and in the patient’s best interest. On the other hand, if the doctor makes a serious error—such as operating on the wrong body part—the patient could have a valid claim under other legal theories, like negligence or even battery.
When Informed Consent Isn’t Required
In emergency situations, doctors are often exempt from obtaining informed consent because they need to act quickly to save a patient’s life. Additionally, in cases where a life-saving treatment is necessary but the patient might refuse it due to fear of the risks, doctors might withhold some details to ensure the patient receives the necessary care. However, doctors must be able to justify their decision not to disclose certain risks.
How LawyerUp.AI Can Help
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