Harrisburg Medical Malpractice Lawyers for Lack of Informed Consent
Physicians, surgeons and other health care professionals have a duty to protect their patients from injury and harm. Any type of medical mistake or negligence can lead to serious health consequences. One type of hospital malpractice that is often overlooked is when doctors fail to obtain an informed consent for treatment. This also includes when doctors fail to disclose all the necessary information so that patients can make sound decisions in regards to their own medical care.
Pittsburgh medical malpractice lawyers at The Law Offices of James R. Moyles have extensive experience in representing Pennsylvania clients who were not adequately informed about their medical or surgical care.
Physicians Must Disclose All Relevant Information Prior to Treatment: Benefits, Risks and Alternatives
Patients have the right to choose what is done or not done to their body including having medical treatment or a surgical procedure. In order for patients to make a responsible decision, doctors are obligated to give patients all the relevant information they need to make that decision. This is known as informed consent.
Prior to administering any medical procedure or treatment, physicians and other healthcare providers are legally required to review various pieces of essential information with the patient. Once this is completed, patients will make a choice as to whether they wish to proceed or not and give their permission by signing an informed consent document. This becomes a part of the patient’s permanent medical record.
The elements typically included in an informed consent are:
- A review of the specific diagnosis or medical condition that needs to be treated
- The name and qualifications of the physician performing the procedure or test
- A detailed explanation of the proposed procedure
- A description of any potential risks and the likelihood of them occurring
- A description of anticipated benefits
- Full disclosure of reasonable alternative treatments or procedures with associated benefits and risks
Exceptions to the Requirement of Informed Consent
There are exceptions for when an informed consent is not required. Patients do not need to give their consent for routine non-therapeutic procedures such as when a provider listens to their breathing or heartbeat with a stethoscope. Informed consent is also not required in emergency life-saving circumstances in which patients are rendered unconscious and can’t give their informed consent.
Pursuing a Lack of Informed Consent Claim
Lawsuits involving a lack of informed consent can be quite complicated. If you have had a procedure that you did not consent to or feel you were not properly informed about, it is imperative that you obtain legal advice from a qualified medical malpractice attorney who is familiar with these types of cases. This will give you the best chance of obtaining a successful outcome.
When a patient is not provided with all the key elements for an informed consent and they suffer harm, they may have a claim against the medical provider. In order to file this type of medical malpractice lawsuit, a plaintiff must be able to show that they were not properly informed. They must also show that if the doctor had given them the full and appropriate disclosure, their injury would not have occurred because they would have declined that treatment or chosen a different course of action.
The Law Offices of James R. Moyles: Pittsburgh Medical Malpractice Lawyers Represent Victims Injured Due to Lack of Informed Consent
If you believe that you or someone you love has suffered an injury or illness due to a lack of informed consent or if you received medical treatment for which you did not give your permission, call Pittsburgh medical malpractice lawyers at the Law Offices of James R. Moyles so that our experienced medical malpractice lawyers in Harrisburg and Pittsburgh can evaluate your case. Let us put our legal skills and knowledge to work for you and your family. We represent clients throughout the state of Pennsylvania. Contact The Moyles Law Firm today to schedule a free consultation. Call our Pittsburgh office at 412-281-1055 or our Harrisburg office at 717-233-5400 or contact us online.