Medical malpractice can happen in all sorts of ways: a mistake in surgery, misdiagnosing a condition or even performing a treatment without the permission of the patient. A health care provider must have a patient’s consent to treat them; failure to do so may be considered negligent and result in a medical malpractice claim. Here’s what you need to know about these violations of patient consent.
Patient consent is made up of express consent and informed consent. If you sign something that explains your procedure, you have given express consent. For informed consent, you must be told of the benefits of the surgery, as well as the steps involved and any complications that may occur; typically, informed consent is given before surgery.
A third form of consent exists, although it is much harder to prove. Implied consent is the assumption of permission to perform a medical procedure that is inferred from your actions or inactions. If you are unconscious and can’t give consent, but a medical procedure is needed to save your life, you have given implied consent to a doctor to do what they can to keep you alive.
Medical Malpractice Claim
A claim for medical malpractice may arise from lack of consent if:
- A surgery is performed on the wrong body part
- A doctor decides to perform a second, non-emergency procedure that was not consented to
- The consent form does not identify potential complications
- A complication that occurs is more common than the consent form makes it seem
- The doctor’s explanation of the potential complications is different from what is on the consent form
In order to file a medical malpractice lawsuit, there must be proof that the health care provider caused harm and that it was because of their negligent act(s). If you or a loved one has suffered an injury because of lack of consent during a procedure, contact our Toledo medical malpractice attorney at Williams DeClark Tuschman Co., L.P.A. Call our team at (419) 719-5195 or contact us online.