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What is "informed consent"?

By Ben Glass

Informed consent is a concept in the law that says that before rendering treatment a physician must use reasonable care to properly utilize you of both the risks and the benefits of the treatment. If a physician fails to advise you of both the risks and benefits of the treatment he may be liable to you for any damages caused by the treatment if you can convince the jury that had you known the full risks and benefits of treatment you would not have undergone the treatment.

Informed consent cases are usually pretty tough. Many times you are handed a form just before surgery that appears to be an "informed consent" form. Whether or not this form is adequate (and usually it's not) is up to a jury. In almost all cases the doctor will testify that he or she did have a full discussion with you of the risks and benefits of the proposed treatment. Therefore it becomes an "he said/she said" situation and these types of cases are almost always one by the doctor.

Only an experienced medical malpractice attorney in your area can help you determine whether you have a medical malpractice case paste on a claimed lack of "informed consent."

Originally posted at InjuryBoard by Ben Glass

Full post as published by Northern Virginia Personal Injury Lawyer on August 23, 2008 (boomark / email).