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.
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.