Medical practitioners are required to walk patients through the steps of a medical intervention, as well as the benefits and potential complications. Patients should be given ample opportunity to have their concerns addressed before undergoing a procedure. Failure to do so leaves the provider open to a medical malpractice claim. Understanding the associated risks of a procedure and alternative treatments is key for a patient to feel in control of their medical decisions.
As a patient, a provider who does not provide all the necessary information regarding your condition has violated your rights. If you or a loved one lack the necessary knowledge to understand your medical condition or treatment options, legal recourse may be available. In this blog, our Reading medical malpractice lawyers discuss your legal options if you did not provide informed consent and experienced harm.
What is Informed Consent?
A medical provider has a legal, ethical, and professional obligation to obtain a patient’s informed consent. Informed consent allows a patient to make an educated decision regarding treatment. A healthcare provider only obtains informed consent after explaining your medical conditions and other terminology pertinent to your condition or illness, the recommended procedure, the risks and benefits, and alternative treatment options.
The provider should take the patient’s beliefs into consideration, ensuring that the procedure does not violate their religious or personal beliefs. Additionally, there is an opportunity for the patient to ask any questions about the recommended procedure, alternative options, or the consequences of choosing to forgo treatment.
Treatments That Require Informed Consent
Generally, the following treatments require informed consent:
- Most surgeries
- Administration of anesthesia
- Cancer treatments, including chemotherapy and radiation
- Genetic testing
- Blood transfusions
- Biopsies
- Immunizations
- Clinical trials
- Childbirth interventions, including forceps delivery, episiotomy, and vacuum-assisted delivery
- Invasive procedures, such as an endoscopy, endotracheal intubation, or central venous catheter (CVC) placement
Informed Consent and Patient Autonomy
Patients have a right to make their own decisions regarding their body. Known as the principle of patient autonomy, healthcare providers are responsible for conveying medical information clearly to allow individuals to actively participate in their healthcare decisions. In Pennsylvania, informed consent must be obtained by practitioners or a qualified practitioner (such as a nurse practitioner or physician assistant).
Honoring patient autonomy becomes more challenging when dealing with end-of-life decisions. Emotions can run high when a patient’s wishes do not align with what family members necessarily want. During these situations, it is up to a practitioner to maintain a calm presence and clearly explain treatment options to family members. The associated benefits and risks should be discussed, keeping in mind a patient’s quality of life.
Lack of Informed Consent in Medical Malpractice Cases
If your treating physician did not adequately inform you of known risks or complications with your procedure or treatment, you may have grounds for a medical malpractice claim. By failing to obtain your informed consent, your provider or hospital facility may be liable for your financial, emotional, and physical damages. In a medical malpractice claim, damages can include lost wages, cost of surgeries or treatments, home modifications, pain and suffering, and permanent disability.
Compensation will depend on you being able to demonstrate that your healthcare provider did not lay out the expected outcomes, risks, potential complications, or alternative treatments. You will want to gather any documentation or notes from your physician to show what information was presented to you. Although your provider may be in the wrong, you bear the responsibility of demonstrating how their negligence harmed you.
Contact a Reading Medical Malpractice Attorney Today
Patient autonomy is essential to individuals taking part in their healthcare. If a patient is not provided the necessary information to make an educated decision regarding their well-being, a healthcare provider can be held liable. If you recently underwent a procedure or treatment without understanding all the facts, our Reading malpractice lawyers would like to hear from you. To schedule your free consultation, contact Marzella & Associates online or give us a call at (717) 876-8681 at your earliest convenience.