What Risks Must Doctors Disclose for Informed Consent?

When you make medical decisions with your doctor, it should be done in a way where you understand and comprehend the procedures or medications that you are agreeing to take or have performed and you are consenting to them. Lack of consent in medical care can lead to significant harm to patients. It is a doctor’s duty to explain various medical interventions and treatments including not only how they may improve a certain health condition but also what potential risks could exist if the patient decides to move forward. This is the process of informed consent and it is an extremely important part of determining what personal medical choices a patient is comfortable agreeing to. 

In situations where a patient is hurt from medical treatment and informed consent was not given, medical malpractice may have taken place. Due to the complexity of breaking down medical malpractice situations and proving that negligence existed, consulting with an attorney can be advantageous.

The Pennsylvania lack of informed consent attorneys at Edelstein Martin & Nelson can evaluate your injury situation and advise you on filing a claim for compensation.

Your Doctor’s Duty to Disclose Information About Medical Treatments 

There are usually some amount of potential symptoms or side effects that can come with any medical treatment. Some treatments can have more serious risks than others. Also, a patient’s health status can vary from another so any given treatment may be recommended for some patients and not for others. Or, potentially the risks that the doctor highlights may be different for patients that have different health concerns. For example, a doctor may use more caution for a surgical procedure that is invasive for an older patient versus a younger one.

While a medical professional has a duty to thoroughly discuss the pros and cons of treatment, they do not have to inform the patient about every single possible health implication that could take place. Think about watching a commercial for a prescription medication. At the end of the ad, there is usually a long list of possible issues that could happen for those who take the drug.

As a result, medical professionals should use their best judgment and explain to the patient the important issues that are more prominent and that have a higher chance of happening. Here, if it can be said that a doctor didn’t provide a patient with the same list of risks that another doctor in the same situation and with the same type of patient would have, harm that a patient suffered may be compensable through a medical malpractice claim. An attorney can help with this task.

Meet with an Attorney at Edelstein Martin & Nelson Today

If you believe that you were harmed by the negligence of your medical provider or that informed consent was not present for the treatment you underwent, then call the seasoned and experienced team at Edelstein Martin & Nelson today to schedule a free consultation at (215) 731-9900. You may be entitled to financial compensation.