When a patient is told that a medical test, procedure, or treatment should be done, he or she should also be informed of any risks involved. Failure to inform the patient of such risks could lead to a medical malpractice claim if the patient was injured.
When evaluating your case, four important components of informed consent will likely be considered:
- First, the patient must be able to make an informed decision. If the patient is incapacitated or suffers from anxiety, he or she may not be able to do so.
- Second, when a patient gives consent for a medical procedure or treatment, it is not under duress. In other words, the patient voluntarily provides consent.
- Third, the doctor must explain the benefits and risks, and the likelihood of either. This pertains to any medical test, procedure, or treatment that is recommended by the doctor or medical professional.
- Fourth, the patient must fully understand the risks. Using terminology the patient can understand helps to ensure that he or she may comprehend what was shared.
Contact Mellino Law Firm with Your Informed Consent Questions
If you have questions about informed consent or medical malpractice, call us today at (440) 333-3800 for a free case evaluation.