Fighting For Justice And Your Best Interests

2 mistakes doctors make when obtaining informed consent

On Behalf of | Jan 13, 2023 | Medical Malpractice |

To some people, going to the hospital can be a very stressful undertaking, especially if there is a lot they do not know. Every treatment plan and procedure comes with its share of risks and positive effects. For this reason, your doctor has a duty to inform you of what you should expect during and after a treatment procedure and obtain your approval before going ahead with the treatment plan. This is known as informed consent

Unfortunately, it is not uncommon for a doctor to fail to obtain informed consent from a patient. Consequently, the patient might sustain an injury or develop complications following the procedure. If this happens, you might hold the healthcare provider in question liable for medical malpractice.

Your provider is expected to discuss treatment plans with you

Informed consent is the discussion you have with your healthcare provider before undergoing a medical or cosmetic procedure. During this discussion, the healthcare provider is expected to explain the procedure, its merits and demerits and allow you to ask any questions you might have. Eventually, you must sign a form to indicate that you understand what you are getting into. However, it is not uncommon for a doctor to make the following mistakes when obtaining your consent to follow through with the treatment:

It is not uncommon for healthcare providers to use non-standard forms that contain either confusing language or lack adequate legal protections for both parties (the patient and the doctor). Confusing language, for instance, might lead to misinterpretation of information. Eventually, this can lead to you making an uninformed decision.

It’s also important to note that you cannot give consent when you are under the influence, sedated or in a state of psychosis. The argument is, if you are in an altered state, you may not fully comprehend what your doctor is telling you. 

When you visit the doctor’s office for medical care, you deserve to know what you are getting into. In other words, you must evaluate what you hear and make an informed decision regarding whether you should go ahead with the treatment procedure in question, seek a second opinion or turn down the doctor’s suggestion altogether.