Lack of Informed Consent - Personal Injury Group

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Lack of Informed Consent - Personal Injury Group

Posted On : Aug-19-2011 | seen (506) times | Article Word Count : 597 |

Lack of informed consent is medical malpractice and takes on many forms. A Dr. cannot do more than you consented to-Info, help and advice-Personal injury group

Lack of Informed Consent is considered a serious form of medical malpractice. As a patient, you absolutely have the right to determine what you do and do not want done to your body. Unfortunately, if you do not have the right information, then you are not going to be able to make an educated choice about a specific treatment or procedure, which is completely unfair to you. You need to be given full disclosure of all information surrounding your procedure, including risks. Understanding the risks that are involved with a specific treatment is a key aspect in a person’s decision on whether or not to move forward with the medical recommendation the medical provider is making. If you believe you or a loved one is a victim of “lack of informed consent” and suffered injuries due to the lack of being provided full and complete information, contact a personal injury group immediately in order to protect your rights.

What is informed consent? It means that your physician has given you information about a medical procedure and you then agree to have the procedure based on the information you received. This consent may include a verbal consent or an act that shows consent, such as a head nod, BUT, most states require a written consent. It is not considered enough to merely say yes or sign your name. Your consent must be considered informed consent. Here are some items that you should be informed of in advance of your procedure: The medical provider’s name and qualifications, the purpose of the procedure and your medical condition, involved risks, alternative procedures or treatments and subsequent risks involved, the chance of the procedure’s success, approximate financial cost and whether or not it is covered by insurance, etc. In addition, you must be granted the opportunity to ask the medical provider questions and the chance to discuss with your family if so desired.

A key in “lack of informed consent” cases is that the medical provider cannot do more than what you have signed a consent form to do. Of course a physician may take a reasonable course of action during a surgical procedure if the unforeseen happens and your life and health are at serious risk. However in the absence of an emergency or medical necessity, the doctor cannot make the presumption that you would have consented to additional or different forms of treatment.

There are a few scenarios when an informed consent is not necessary and that is when you are unconscious due to a medical emergency. Also, for routine procedures which are considered non-treatment procedures like using a stethoscope to listen to your heart or testing your reflexes. It is important to note that just proving that your physician did not receive an informed consent from you is not enough to have a successful medical malpractice claim. A connection must exist between your injury and the lack of informed consent. Your personal injury group must prove that you would not have given consent to the medical procedure and that the outcome of the procedure would have been different.

If you were not properly informed about a treatment or a medical procedure, and you were injured during that procedure due to the lack of informed consent, then you may have a medical malpractice suit. Consult with a personal injury group who will review the evidence in your case and quickly launch an investigation, consult with medical experts, deal with insurance companies and lawyers for the defendant, while you work on healing from your injuries.

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<h1>Lack of Informed Consent - Personal Injury Group</h1> Author: <a href='http://www.articleseen.com/profile_EliteLawyerProject.com.aspx'>EliteLawyerProject.com</a> Lack of Informed Consent is considered a serious form of medical malpractice. As a patient, you absolutely have the right to determine what you do and do not want done to your body. Unfortunately, if you do not have the right information, then you are not going to be able to make an educated choice about a specific treatment or procedure, which is completely unfair to you. You need to be given full disclosure of all information surrounding your procedure, including risks. Understanding the risks that are involved with a specific treatment is a key aspect in a person’s decision on whether or not to move forward with the medical recommendation the medical provider is making. If you believe you or a loved one is a victim of “lack of informed consent” and suffered injuries due to the lack of being provided full and complete information, contact a personal injury group immediately in order to protect your rights.

What is informed consent? It means that your physician has given you information about a medical procedure and you then agree to have the procedure based on the information you received. This consent may include a verbal consent or an act that shows consent, such as a head nod, BUT, most states require a written consent. It is not considered enough to merely say yes or sign your name. Your consent must be considered informed consent. Here are some items that you should be informed of in advance of your procedure: The medical provider’s name and qualifications, the purpose of the procedure and your medical condition, involved risks, alternative procedures or treatments and subsequent risks involved, the chance of the procedure’s success, approximate financial cost and whether or not it is covered by insurance, etc. In addition, you must be granted the opportunity to ask the medical provider questions and the chance to discuss with your family if so desired.

A key in “lack of informed consent” cases is that the medical provider cannot do more than what you have signed a consent form to do. Of course a physician may take a reasonable course of action during a surgical procedure if the unforeseen happens and your life and health are at serious risk. However in the absence of an emergency or medical necessity, the doctor cannot make the presumption that you would have consented to additional or different forms of treatment.

There are a few scenarios when an informed consent is not necessary and that is when you are unconscious due to a medical emergency. Also, for routine procedures which are considered non-treatment procedures like using a stethoscope to listen to your heart or testing your reflexes. It is important to note that just proving that your physician did not receive an informed consent from you is not enough to have a successful medical malpractice claim. A connection must exist between your injury and the lack of informed consent. Your personal injury group must prove that you would not have given consent to the medical procedure and that the outcome of the procedure would have been different.

If you were not properly informed about a treatment or a medical procedure, and you were injured during that procedure due to the lack of informed consent, then you may have a medical malpractice suit. Consult with a personal injury group who will review the evidence in your case and quickly launch an investigation, consult with medical experts, deal with insurance companies and lawyers for the defendant, while you work on healing from your injuries.

About the Author: The Elite Lawyer Project <a rel="nofollow" href="http://www.EliteLawyerProject.com">personal injury lawyers</a> 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. Article Source: <a href='http://www.articleseen.com/Article_Lack-of-Informed-Consent-Personal-Injury-Group_75146.aspx'> http://www.articleseen.com/Article_Lack of Informed Consent - Personal Injury Group_75146.aspx</a>

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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.

Keywords : what is informed consent, lack of informed consent, medical malpractice, medical malpractice lawyer, medical malpractice atto,

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