What Information Needs to Be Disclosed By a Doctor?

Claims regarding lack of informed consent are one of the least-discussed types of malpractice claims, but are usually one of the most common forms of malpractice. According to 401 Mass. 1006, "A physician owes to his patient the duty to disclose in a reasonable manner all significant medical information that the physician possesses or reasonably should possess that is material to an intelligent decision by the patient whether to undergo a proposed procedure."

The following types of information are required to be disclosed by a doctor:

• The course of your treatment before you undergo the treatment
• Potential patient complications

If you believe that you have been treated with negligence, contact our Sedalia attorneys for aggressive assistance in seeking medical compensation for your suffering.

Key Elements of a Lack of Consent Claim

In many cases, lack of consent claims are filed in relation to situations where a doctor operates on the wrong body part or performs an added procedure when the patient had only agreed to one operation on their consent form. Patients may also file claims of this nature when complications arise during surgery which were not listed on their consent form, complications occur which were far more common than they were told, or when a doctor’s description of complications directly contradict those listed on the consent form.

Generally speaking, violations of consent fall into the following categories:

• Failure to identify: While no doctor can foresee every complication, those which are rare but are common enough to be medically documented must be included on consent documents.
• Improper description: Consent forms must provide an accurate representation of a patient’s risk of experiencing certain complications. For example, if a patient suffers a complication known to afflict 15 percent of patients, but the consent form only said that 1 percent of patients ever experience said complication, the patient may be able to argue that they would not have consented to being treated if they would have been provided with accurate information.

Pursue the Fair Compensation You Deserve for Medical Negligence

Depending on the circumstances, if it can be proven that your doctor did indeed harm you by performing a treatment without your consent, you may be able to pursue financial restitution for your resulting medical expenses, pain and suffering, lost wages, reduced quality of life, and other damages. At Kempton & Russell, our team of Columbia, MO personal injury attorneys understand the frustrations and distress you must be experiencing and are committed to doing whatever we can to ensure your rights are protected during this time. From filing all necessary paperwork to pursuing litigation in court if necessary, we have what it takes to help you get the result you need.

Do not let an irresponsible doctor get away with harming you or your family. Get in touch with us today to take the first step towards filing a claim.