When it comes to your health, you have the final say in the treatments and procedures you decide to undergo—if that right was taken away from you or a loved one, the attorneys at G. Eric Nielson & Associates will fight to make sure that any healthcare negligence won’t go unchallenged.
Informed consent is a fundamental principle in medical ethics and law. Patients have the right to be informed about the risks, benefits, and alternatives associated with medical treatments so they can make informed decisions about their healthcare.
Unfortunately, not every physician takes the time to provide that information adequately. When this happens, it could be considered a lack of informed consent and can be the basis for a medical malpractice lawsuit.
If a doctor fails to obtain a patient’s clear and unambiguous understanding of the risks and alternatives associated with a medical procedure or treatment, there are potential grounds for a medical malpractice lawsuit. The several elements of an informed consent claim:
If you believe you or a loved one has been the victim of lack of informed consent, it’s important to investigate how this occurred. Common scenarios include:
Insufficient information occurs when a healthcare provider fails to fully explain the risks and alternatives of a medical procedure, which leaves the patient unable to make an informed decision.
Due to time constraints, some healthcare providers fail to take the time needed with a patient to provide a comprehensive explanation of the risks, benefits, and alternatives of a procedure.
When there is a language barrier between patient and provider, it can be difficult for them to understand the full scope of information necessary to make an educated decision.
Miscommunication can occur when a healthcare provider speaks in medical jargon that the patient does not understand, especially when the patient hasn’t received any prior information before their appointment.
If a healthcare provider fails to provide alternative options for treatment, it can be considered lack of informed consent.
Even in emergencies, healthcare providers must still explain procedure risks and options. Failing to do so could lead to a lack of informed consent and mean grounds for a lawsuit.
Lack of informed consent lawsuits can be complicated and emotionally taxing, which is why it’s essential that you get the expertise and representation you need. Our attorneys will guide you through the legal process with compassion and understanding every step of the way.
Although Tort laws have made it more difficult to pursue medical malpractice cases, our attorneys have the expertise and experience necessary to help you obtain the justice you deserve. With us on your side, you can take back your rights and make sure justice is served.
Let Us Handle ItIf you or a loved one has been the victim of lack of informed consent, don’t wait. Our legal team can protect your rights and make sure that any medical negligence won’t go unchallenged. With over 35 years of experience, the attorneys at G. Eric Nielson & Associates will fight to uphold justice in every case we take.
We’re here to help! Reach out today to get started and we can discuss how we may best serve you.