Before performing a medical procedure, a healthcare professional is legally required to gain his or her patient’s informed consent to the impending course of treatment. There are very few exceptions to this rule, as it is viewed as a critical component of the modern healthcare system that patients adequately understand the potential benefits and risks of a procedure.
When a medical professional fails to obtain informed consent, his or her patients may suffer serious injuries. If you or someone you love has suffered injuries after receiving a treatment for which you did not give your informed consent, contact the Wausau medical malpractice lawyers of Habush Habush & Rottier S.C. ®, at 800-242-2874. You may be able to pursue financial compensation for appropriate damages, even in a case where your health did not necessarily suffer if you would not have chosen a procedure if given the full details of its effects.
Informed consent has two parts. First, the patient who is to receive treatment must be informed about all aspects of the procedure. This includes what will be done during the procedure as well as any risks associated with it. The patient also has the right to ask any questions he or she has.
The second part is consenting to this treatment. To gain consent, healthcare providers cannot deceive their patients or honor consent from an individual who is not in a clear state of mind. In the event an individual cannot give consent, the medical professional may ask a next of kin for permission.
If no next of kin can be found and the patient is in a life-threatening state, then healthcare providers are allowed to provide enough treatment to keep the individual alive without any informed consent.