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Lack of informed consent can constitute medical malpractice

On Behalf of | Jan 26, 2019 | Medical Malpractice

There’s a lot of risk associated with seeking medical treatment. Even the most skilled medical professionals can make mistakes that cause serious injuries. Those who suffer this harm can be left with significant losses that are physical, emotional and financial in nature. Learning how to cope in the aftermath of a medical error can be extremely difficult, but these individuals may be able to find accountability and recover compensation for their losses by pursuing a medical malpractice claim.

One basis for a medical malpractice claim is lack of informed consent. When a medical professional diagnoses an individual with a condition, he or she must have a thorough conversation with the patient about the diagnoses and treatment options. This includes informing a patient about all treatment options available to him or her, as well as the risks associated with each type of treatment. A medical professional must also discuss with the patient the risk of taking no action at all.

Doctors who conduct treatment on a patient without obtaining informed consent to provide that treatment may be held liable for damages through a medical malpractice lawsuit. In order to succeed on one of these claims, though, a victim must not only show that a medical professional performed unauthorized treatment, but also that had the victim been fully informed, he or she would have chosen a different route that would have prevented the injuries in question.

Pursuing a medical malpractice claim is no easy task. There is often a mountain of evidence that is open to legal interpretation, meaning that there may be a number of legal arguments that must be handled even when dealing with one claim. Additionally, doctors, nurses and hospitals are often represented by knowledgeable and aggressive defense attorneys who will do everything in their power to avoid a liability judgment against their clients. A competent plaintiffs’ attorney may be able to help medical malpractice victims develop strong arguments to better position themselves for success.