Role of Informed Consent In Medical Malpractice Case

It is important that the doctors inform the patients fully about the risks involved in medical treatment or medical procedure. This is termed as “informed consent”. If the physician fails to get the informed consent from the accident victim or the patient, it is a reason to sue the physician for negligence and medical malpractice, with the help of personal injury lawyer in St. Catharines.

Every patient must agree to any planned medical procedure, before it can be carried out by a team of doctors and nurses. Normally, the patient learns about the risks involved, before agreeing to sign his or her signature. That signed document becomes evidence of the patient’s informed consent.

Questions raised about the informed consent, if patient considers filing a charge of medical malpractice

Did the explanation provided by some member of the medical staff provide the patient with a sound understanding of the risks associated with the planned procedure?

Was the patient told of any alternate treatments or alternative tests, if such existed?

Was the patient fully informed of all the risks? Was there some risk that the doctor failed to disclose? If so, how remote were the chances that the patient’s life might be threatened by the doctor’s failure to mention such a risk?

Did the doctor give true and precise answers to the patient’s questions? How well did the doctor present both sides of the issue: the examples of patients completing the procedure safely versus the instances when a patient suffered a complication?

Advice for patients

Read any form thoroughly before signing it. Do not hesitate to share your concerns. If you hear testimony about from someone else that has had the same procedure, do not hesitate to ask them some questions.

If you express some reservations about signing the consent form, ask if there is anyone around that can testify to having experienced the planned procedure. If no one comes forward, ask if there is an alternate treatment or an alternative test. Be clear about what will be required of you during your recovery. If you will be confined to your bed, you should arrange to have suitable forms of entertainment.

Emergencies are not a time for an informed consent

At the time of an emergency, an action gets taken before the patient has a chance to offer consent, or to offer an objection. During an emergency, the patient’s health, and not his or her comfort are the primary concern of the doctors and the other care givers. Typically, a sick patient just needs to rest. As patients near the point of full recovery, each becomes less content with prolonged time in bed.

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