It is not uncommon for patients to undergo a procedure, such as an operation, and be surprised about the effects. Patients are often frustrated to find that their doctors withheld important information or failed to communicate the effects of their procedure. Sometimes this can boil down to mere miscommunication, and other times it can amount to a criminal violation of a doctor’s requirement to obtain informed consent before administering treatment.
If your doctor acted without your permission or failed to properly explain the potential risks and results of a procedure, call Kempton & Russell at (660) 722-4115 immediately.
Definition of Informed Consent
Provision of informed consent typically requires signing an acknowledgement or waiver indicating that you understand the procedure in question. If a doctor requires you to sign a consent form but does not discuss the procedure with you or personally ensure you understand the details, effects, and potential risks, this is not enough. A doctor is required to discuss the procedure with you and make sure you understand what you are getting yourself into before proceeding.
What Does My Doctor Have to Tell Me Before a Procedure?
Your doctor is not legally required to give you a run-down of every potential disaster that could ensue or possible side effect that may occur because of the procedure. However, they are required to relay to you risks that are relevant, relatively likely, and pertinent in your case. If you learn of a risk later and would have declined the procedure had you known about it from the beginning, this could be evidence that your doctor did not obtain your informed consent.
Informed Consent in Emergency Situations
If you are in an emergency room and require immediate treatment in order to save your life, obtaining informed consent is likely very difficult and potentially impossible, depending on the medical emergency you are experiencing at the time. To put it simply, a doctor is not legally required to obtain your permission before saving your life in an emergency situation.
The same goes for patients who suffer from intense emotional difficulties or mental fragility. If a doctor believes a patient’s level of emotional distress is so great that they may turn down lifesaving treatment, the doctor has the freedom to relay the risks with some ambiguity.
Connect with an Experienced Medical Malpractice Lawyer in Sedalia Today by Calling (660) 722-4115.
Call Kempton & Russell today if you have experienced a miscommunication with your doctor or you feel they have acted without giving you enough information. As a patient, you have a right to know what will happen when you go in for a surgery or other procedure, and we are committed to sticking up for you when doctors deny you the ability to give informed consent. If you are confused as to whether your doctor actually obtained your consent, it is important to meet with an experienced legal professional right away.
We have served many patients like you over the years and have had great success in ensuring our clients are properly represented and never overlooked. When you bring us into your corner, you can rest assured we will do everything possible to win you the compensation you deserve and hold your doctor responsible for their actions.
In medical malpractice cases, it is imperative that you act as soon as possible. Call (660) 722-4115 today or send us an email to tell us how we can serve you.