Everyday, thousands of patients go to see a doctor for anything from small to serious medical issues. Some require simple diagnosis and prescription, while other cases require invasive biopsies and procedures aimed at minimizing the conditions or achieving full healing. Doctors are required to inform the patients about the procedures they intend to carry out be it simple of major. The risks involved and possible benefits and costs should be discussed with the patient prior to their being done as this is a right. One ha s to know the pain involved and recovery time so that one can make a decision to proceed or pass the procedure.
This legal obligation a doctor has is referred to as Informed consent and it forces your doctor to avail all the information to do with any medical action he intends to take, why he is proposing it, the potential benefits, the side effects and pain involved. This information must be complete and easy to understand and the patient also must acknowledge that he understands and accepts the procedure and its risks. A doctor cannot proceed with a medical procedure without following these steps; it may amount to medical malpractice on his part even if the patient gets well due to it.
A lack of informed consent lawyers is available jut for such situation where a doctor fails to honor his legal obligations to his patients. The information in the informed consent forms may vary depending on the specific procedure but their components and intentions are generally the same. They however should include the full description of the patient’s condition and the treatment procedure being proposed Explanation of the possible risks and benefits associated with this procedure, an overview detailing any alternative procedure with the risks and gains inherent. A complete form should also include what the patient will loose or gain if they don’t take the proposed treatment.
Some patients prefer to have their next of kin witness the signing of these consent forms while some involve their attorneys. This can also be signed by a next of kin if the patient is unable, physically or mentally to understand and sign the form, the only exception may be in emergency situations where the patient’ life is greatly at risk.
Doctors who blatantly disregard this legal obligation should be sued and this can only be done by a specialized lawyer dealing with cases of medical malpractice specifically, lack of consent. The person to perform the specified [procedures should be indicated in the forms and the chances of success. Doctors at times don’t declare all that appertains to the medical procedures they make patients sign. The affected patients should not go for any lawyer other than those specialized in handling such cases.
For more information and consultation, you can contact Eric J. Hertz, P.C. at www.hertz-law.com if a doctor administers an unapproved procedure, they will provide you with the best medical malpractice lawyers to professionally handle a lawsuit against those responsible.
“DISCLAIMER: The above article is provided for information purposes only and is not intended to be, nor should be considered legal advice. Legal advice can only be given by a licensed attorney in your jurisdiction following an individualized consultation. If you are seeking legal advice, please contact an attorney in your area.”