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Violation of Patient Consent

Philadelphia Attorney for Violation of Patient Consent

What Is Patient Consent and What Does it Mean?

Doctors and other medical professionals have a legal and ethical obligation to provide full disclosure and all necessary information to patients before performing a procedure. This is known as informed consent. Provision of informed consent almost always involves signing a consent form outlining the details of the procedure, and indicating that the patient understands what they are agreeing to. When a patient gives consent in writing, this is called express consent and is almost always required before a patient undergoes surgery or other major medical procedure.

Patient consent, whether informed or express, is not necessarily required in emergency situations or cases where the patient is not mentally stable enough to provide consent or understand the necessary procedure.

Rules regarding patient consent are enforced in order to prevent patients from being surprised by the procedure being performed. It also helps and protects them from facing negative repercussions, should a doctor decide to act without their consent. It is intended to prevent doctors from “going rogue” and making decisions about patients’ health without their knowledge or approval.

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Issues of Consent in Medical Malpractice Cases

Whether a doctor does not bother to obtain patient consent or violates the patient consent provided, they can still be charged with medical malpractice. Physicians are often accused of medical malpractice based on lack of consent in cases of surgical never events, such as operation on the wrong body part, operation on the wrong patient, performance of the wrong procedure, and more.

Issues of consent can also lead to a doctor being accused of medical malpractice if the information given in order to obtain consent is found to be misleading or incomplete. Failure to properly explain a medical procedure can result in consent which may not otherwise be given, in which case doctors and medical professionals may be found guilty of medical malpractice.

Talk to a Philadelphia Medical Malpractice Lawyer Today

If you have been given a medical procedure without proper consent or you were not given all the information you needed before receiving a procedure, you may have a viable case for medical malpractice. Even if you merely suspect you may be a victim of consent violation, get in touch with our Philadelphia medical malpractice attorneys right away.

Call Shrager & Sachs at (888) 899-0652 or contact us online to receive a free case evaluation.