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Patient Rights and Informed Consent in Medical Malpractice Cases

Informed consent refers to a patient’s right to receive a verbal explanation from their doctor about the details associated with a treatment. However, the patient must also be properly informed about the potential risks associated with a medical treatment option. 

As someone who did not give informed consent before a medical procedure, you have legal rights if you suffered an injury. For more information about malpractice lawsuits and patient consent, KJT Law Group’s de lesiones personales pueden can answer your questions and explain your financial recovery options.  

Understanding Informed Consent in Medical Malpractice Claims 

To understand what informed consent means, consider this scenario. You need a bronchoscopy to check for any airway abnormalities. Now: 

  • Before the procedure, your doctor explains that there are risks with this procedure, such as aspiration, allergic reactions, and tracheal collapse. They share that although these procedures come with risks, they will do everything possible to mitigate them. They also give you the opportunity to back out and explore less invasive options. To proceed, you would give informed consent, meaning you understand the risks. 
  • Before the procedure, your doctor does not explain the procedure’s risks. They skim over important details, including how this procedure could threaten your safety. So, you can’t weigh your options and explore other methods. Even if you go along with the procedure, you would have given uninformed consent, meaning you didn’t fully understand the risks before proceeding. 

If you did not give informed consent before a procedure, and you suffered avoidable health outcomes, then you could sue for medical malpractice. Your case would rest on the principle that because you weren’t informed about the risks of a procedure, you were injured and have damages. 

An Omission Is Considered Negligence

Often, uninformed consent comes from an omission on the healthcare provider’s part, meaning they omitted something the patient should have known about before undergoing a procedure. 

Going back to the previous example, imagine that a doctor shared all the risks regarding the bronchoscopy––except for one. Leaving out this piece of information, no matter how minor, could give you grounds for a personal injury claim or medical malpractice lawsuit if you were injured. 

You Can Recover Damages as a Medical Malpractice Claimant 

Medical negligence can leave patients with debilitating and permanent injuries. In many cases, death occurs. Informed consent in healthcare is meant to prevent these situations from occurring.

It’s vital for you to know your rights in the event you become a victim of medical negligence. By properly understanding what informed consent is, you can ensure that you collect compensation for all the damages you suffer. These damages may include: 

  • Costos de atención médica: 
  • Long-term medical treatments
  • Dolor y sufrimiento
  • Lost wages due to disability, whether permanent or temporary
  • Mental anguish and emotional distress 
  • Pérdida del disfrute de la vida
  • Pérdida de compañía
  • The cost of anything you spent out of pocket 

If you lost a loved one to medical malpractice, you could also file a claim or lawsuit to recover the cost of their funeral expenses, end-of-life care costs, and pain and suffering. 

You Can Entrust Your Legal Matters to a Medical Malpractice Lawyer 

While insurance companies, health care providers, and hospitals may try to work against a victim of medical malpractice, there are professionals who spend their careers advocating for patients’ rights. Medical malpractice lawyers fight for patients who were not treated properly by the health care providers they entrusted. 

Here are two things to keep in mind as you explore your financial recovery options: 

Do Not Give Up Your Rights Out of Fear

After filing a claim (or even expressing interest in filing one), the liable parties may retaliate, pressuring you into dropping the case. In a situation like this, it helps to stay strong and consider your options. You have every right to hold a medical professional accountable if uninformed consent led to your physical injuries. 

As we’ll explain shortly, you also have the ability to partner with a Abogada de lesiones personales who can file your case and seek compensation for your losses.  

Patients Have the Right to Partner With Medical Malpractice Attorneys 

Right now, you may feel confused about your rights following unexpected medical injuries. By speaking with a lawyer, you can gather critical information that helps you make educated decisions for your future. By hiring a lawyer, you can get an advocate who investigates your case, files your claim, reviews your medical records, and seeks fair compensation from the responsible party.

Learn More About Malpractice Lawsuits and Patient Consent

Prior to every procedure, doctors must disclose certain pros and cons, allowing patients to make informed decisions about their health. When doctors don’t share certain information, and their patients suffer avoidable injuries, they can bear liability for any resulting damages. 

Take it from KJT Grupo de Derecho: if you suffered medical malpractice, you have rights. For more information about how our attorneys can help you understand those rights, call today for a free consultation.

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