Lack of Informed Consent Parameters– Medical Malpractice Lawyer
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Posted On :
Sep-05-2011
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Article Word Count :
497
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Lack of informed consent is a serious form of medical malpractice-Parameters and what constitutes a case-Call our Chicago medical malpractice lawyer today
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Lack of informed consent is a form of medical malpractice not to be taken lightly, as serious unintended consequences can result. A person cannot make an informed decision about various options in medical treatment if they do not have complete information about their medical condition and risks associated with a procedure. The failure to get an informed consent obviously only refers to a person who is conscious and fit to give such consent. This does not apply to a person of low mental intellect who is unable to make the decision for him or herself, or a minor child who is not able to provide consent. A lack of informed consent medical malpractice claim is often times difficult to prove and can develop into an extremely complex case. It is wise to consult with a medical malpractice lawyer who will answer any questions you may have and give you sound advice on how to proceed.
A patient’s consent simply distinguishes what treatment is permitted by the patient verses treatment they have not approved. In most cases a lack of informed consent claim accompanies allegations of malpractice for a wrongful treatment or diagnosis. The key elements of a lack of informed consent claim include that the doctor failed to present benefits and risks of the proposed treatment and that of any treatment alternatives, that with the complete information the medical patient would not have had the treatment, and that the treatment, even if it was appropriate and skillfully carried out, was a contributing factor that caused injury to the patient. The fact that the doctor may have acted in good faith does not constitute a defense.
Quite simply, a doctor or medical provider such as an RN, nurse practitioner, physician’s assistant, technician, cannot do more than what you consented to do on a signed consent form in the absence of a medical necessity or emergency. It is possible that you have a medical malpractice lawsuit if you did not receive information needed to make an informed decision regarding a medical procedure. To find out if in fact your situation merits filing a medical malpractice claim, call a medical malpractice lawyer for advice on your case and an honest assessment of your chances of succeeding with such a claim.
If your physician or hospital breached your patient trust and care by failing to provide you with the relevant information necessary to give your informed consent, contact a medical malpractice lawyer today.
The Elite Lawyer Project Chicago personal injury law firm assists victims of personal injury throughout the Chicago area. If you live in Cook County, DeKalb County, Will County, DuPage County, Kane County, Grundy County, and Kendall County or anywhere in the region, call today for a free consultation. If you live outside of the area, but are a victim of personal injury, click “Attorney Profile” at the top of the page for information on your local Elite Lawyer Project personal injury law firm.
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Article Source :
http://www.articleseen.com/Article_Lack of Informed Consent Parameters– Medical Malpractice Lawyer_79773.aspx
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Author Resource :
The Elite Lawyer Project personal injury lawyers have extensive experience in helping victims of a personal injury accident.Call 877-382-1188 today to speak to our personal injury associates for a free case review.
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Keywords :
lack of informed consent, lack of informed consent Chicago, Chicago lack of informed consent, Chicago personal injury law fir,
Category :
Reference and Education
:
Legal
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