What is informed consent? How can it affect your medical malpractice case?

Informed consent is defined as a patient’s decision to accept a certain medical service after coming to understand what they could go through. Before making their final choice, the patient can ask questions and request opinions from loved ones if they wish. If and when they agree to the service, they’ll most likely be asked to sign a document, formally stating they fully understand the risks associated with the suggested service and are willing to undergo it regardless. This expressed permission is considered non-negotiable in the medical industry. If the ailing person is unable to decide, either because they’re mentally handicapped/physically incapacitated or younger than “legal” age, someone close to them—who knows them on a deep personal level—must make the call. If the condition implies a need for really quick attention, such consent is not technically necessary; it’s considered too big a time-eater that could potentially detract from time-sensitive medical assistance needed.

Typically, if the doctor does every step of the treatment process the correct way, they can easily stay exempt from penalties even if the treatment results in any new physical problems. The only way they can get penalized is if the patient and their prosecuting legal team successfully prove that something happened which the doctor knew was possible and didn’t warn them about beforehand.