If you have ever undergone surgery or any sort of medical treatment, you probably recall signing an Informed Consent document. All doctors must tell their patients about the risks of any suggested treatment and get patient approval before moving forward. Failure to do so can result in medical malpractice.
Your doctor must tell you everything about a proposed course of treatment, including any risk associated with it. Sometimes, the issue becomes whether the doctor disclosed every possible risk to a patient. Generally, courts will examine if other doctors in the same situation would have disclosed the risk, and would other patients in your situation have made a different decision if they knew of the risk. Expert testimony usually determines the first half of the issue, and the jury usually decides the later half.
After a doctor informs you about a procedure, it is your right to refuse consent. If you do not consent, the doctor cannot treat you, even if the treatment could save your life. There are some exceptions to the Informed Consent rule, and a qualified medical malpractice lawyer can answer any of your questions.
You can find out more about our medical malpractice experience on our website. You can also contact us for a free case review at 504-522-7885.
Harrell & Nowak, L.L.C. – New Orleans medical malpractice attorneys