Can Informed Consent Be Considered Medical Malpractice?

Can Informed Consent Be Considered Medical Malpractice?

Seeing your doctor for regular checkups or when you are not feeling well or have another health issue that needs attention is something most people do without a second thought. Going to see the doctor typically is not accompanied by a concern that your trusted doctor would do anything negligent that could hurt you. But, medical malpractice frequently happens throughout the country and daily. Everything from serious issues like a surgeon leaving a surgical tool inside a patient’s body to a pharmacist dispensing the wrong prescription happens more than most people know. 

Suppose you were injured by the mistake or error of a medical professional in Pennsylvania. In that case, you have the right to take legal action so you can recover financial compensation for the losses you suffered. Considering the complex and highly intricate nature of medical malpractice claims, working with an attorney specializing in medical malpractice claims can be advantageous. The Philadelphia medical malpractice attorneys at Edelstein Martin & Nelson can assist you if you would like to have your medical experience evaluated to see if you have a medical malpractice claim to file.

Informed Consent and Medical Malpractice

How Can Informed Consent Be Medical MalpracticeIt is the duty of your healthcare provider to take responsible steps and actions that are meant to help you get better and remedy your health issue. The ultimate goal is to help you overcome your health condition. But, not every medical intervention is going to be successful, and because of this, there are times when it is unlikely to impossible for a person to be able to heal. This does not always mean that medical malpractice has occurred. Medical malpractice exists only when your medical provider veers from an established standard of care that other medical providers would reasonably do in the same situation and you are harmed.

When you go to the doctor your doctor must, in most situations, obtain your consent to administer medicine, tests, or medical procedures on you. In doing so, they must inform you of the risks and benefits associated with the actions they are advising you to take. This is called informed consent. In other words, when you are agreeing to accept a medical action it is because you have been fully briefed on the pros and cons of your decision with respect to your health and wellbeing.

It is imperative that a patient understands the information presented to them. This is why children who are not fully mature enough to take in such information do not have the ability to provide their consent. Conversely, for adults, advanced directives and other estate planning documents can be prepared ahead of time should a person want to have a say in their medical care in the event that they are incapacitated.

In emergency situations, when immediate medical care is required, medical professionals may administer treatment without explaining what they are doing and why due to the nature of these situations. However, outside of emergency situations, when a person is coerced into a medical decision or if they were not of sound mind to make a decision when one was presented this could be considered a circumstance where informed consent was not given. As a result, if there are injuries or death, the patient may have a case for medical malpractice against their medical provider.

Speak with a Philadelphia Medical Malpractice Attorney

If you were harmed by a medical procedure that was given to you without informed consent, please come in to meet with the Pennsylvania medical malpractice attorneys at  Edelstein Martin & Nelson for a free consultation to evaluate your case. To schedule your meeting time, you can call (215) 731-9900.

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