Overview of Informed Consent
The interesting point here is: what risks should be disclosed by the doctor? And in what instance should that be made? As already mentioned above, this ought to be done prior to any medical treatment, procedure, or test; and as part of the process, the agreement of the patient should be taken. That is by requiring the latter to sign a consent form in which the risks are specified, though the signature alone does not per se prove that the infomed consent was given. The legal requirement is that the physician should discuss the procedure and the risks with the patient, and the latter should understand all the details or instructions. Meanwhile, concerning the risks to be disclosed, that cover all the possible things that might happen as the consequences of the procedure or treatment.
Although considered very essential by personal injury attorney louisville ky in medical malpractice case, there are still several exceptions to the informed consent rule. They particularly include: (1) emergencies – there is usually no time to disclose the risks involved and the doctor should act immediately in order to save a life; hence, a patient here cannot sue the physician for lack of informed consent in case the treatment fails, and (2) emotionally fragile patients – this is when the doctor knows that the patient is so distressed that s/he will resist the required treatment if informed about the risks involved; as such, it's reasonable for the doctor not to get the informed consent. It is also noteworthy that a physician can decide how much information to reveal depending on the circumstances involved; however, s/he needs to give clear reasons why the risks were withheld or not disclosed.
What if a Different Procedure was Performed?
In case you have given informed consent after being made aware about the risks of procedure A but your doctor performed procedure B, you can sue her/him through orlando personal injury attorneys for the lack of informed consent regardless of whether it resulted to complication or injury. Nevertheless, the claim is only reasonable if there was additional or distinct procedure which were not really necessary. One instance that justifies the performance of a different procedure and , therefore, could not be a ground for medical malpractice claim is when then doctor fixes a serious problem while performing another procedure.
Other Essential Considerations
If you file a medical malpractice claim, there are certain issues which may be brought up by personal injury lawyer louisville to determine the legal basis of the case or the liability of the person being sued. Two of the most common are (1) whether the other doctor could have disclosed the risk, and (2) whether the normal patient would have made a different decision if informed about the risks. These arguments or issues may be raised by either party depending on how the case is going.
Note that the informed consent is just one of the many elements which are taken into account to settle the issues involved in a medical malpractice case. So if you file a lawsuit based on such ground, do hire a competent kentucky personal injury attorney to be ready for possible complications during the litigation.