It is a healthcare provider’s legal and ethical responsibility to ensure that a patient understands what a test or treatment entails. Informed consent is the cornerstone of medical care, requiring that patients are aware of the benefits and known risks of a procedure and alternative treatment options. If you have recently undergone a surgery or other procedure without the necessary information and were harmed, contact our Harrisburg medical malpractice attorneys.
What is Informed Consent?
Informed consent is a medical provider’s obligation to educate you about the ins and outs of a treatment, surgery, or test. If a treatment has any risks, you must be informed of them, along with the benefits and alternative approaches. You are allowed to ask any questions until you feel that you understand the treatment. Your provider should explain the severity of your condition and how the treatment will help you. Informed consent allows the patient to remain an active participant in his or her care.
Physicians and other providers must make sure you understand the information provided before asking you to sign a written consent. Informed consent is designed to keep the lines of communication open and prevent confusion. There are exceptions if you are a minor, if you are unable to communicate your wishes but you need care right away, or if you are too ill to decide.
What Procedures Require Informed Consent in Harrisburg, PA?
Informed consent is required for the following procedures:
- Performing surgery, including procedures that require anesthesia
- Cancer treatments, such as chemotherapy and radiation
- Childbirth interventions, such as forceps delivery and episiotomy
- Blood transfusions
- Medical implants
- Inserting a surgical device or appliance
- Administering an experimental medication, using an experimental device, or using an FDA-approved medication or device in an experimental manner
- Sensitive exams, including pelvic, rectal, and prostate exams
Can I Sue for Lack of Informed Consent?
If you experienced a complication after a surgery, test, or procedure that your provider failed to mention, you may seek compensation. In most cases, you must show that learning about the complication would have kept you from undergoing the test or treatment. Even routine procedures can cause negative side effects.
For example, a potential side effect of LASIK surgery is dry eye disease, impacting up to 95% of patients post-operatively. Sadly, even with lubricating eye drops, some patients still experience significant discomfort. If a patient experiences chronic dry eye following LASIK surgery and was not forewarned of the risk, this is likely a strong basis for a medical malpractice claim.
Didn’t Know the Risks of a Surgery or Test? Contact Our Harrisburg Medical Malpractice Lawyers Today
If you or a family member were injured after having a test or treatment without being made aware of potential side effects, you may have a legal claim. At Marzella & Associates, our Harrisburg medical malpractice attorneys advocate fiercely for those who have been wronged by a healthcare provider. A successful medical malpractice claim will allow you to recoup lost wages, medical bills, and other intangible losses. To arrange your free consultation with one of our attorneys, you can contact our office online or call (717) 876-8681.