Medical Malpractice

Informed Consent and Medical Malpractice Claims

The negligence or reckless action of a medical professional can negatively change the lives of families forever. Victims of medical malpractice face extreme physical and emotional trauma, nerve damage, paralysis, and even wrongful death. There are also instances of malpractice when a medical professional fails to provide “informed consent” to the patient.

Both the physician and patient share responsibility in “informed consent” when it comes to medical malpractice.

“Informed consent” means that a physician has an obligation to tell a patient of all potential risks, complications, benefits, and alternatives to any surgical or medical procedure. The physician must also have the written consent of the patient before proceeding. Open communication and complete transparency between doctor and patient protects the interests of both parties. Physicians are required to inform patients on a diagnosis, purpose of a treatment/procedure, and what could result from not undergoing a treatment/procedure. Medical professionals must also make sure that patients understand the information and explanations they are given.

Patients also share responsibility in the “informed consent” process. In order to assure their safety, patients need to ask questions to clarify any information they may not understand or find confusing. Patients are encouraged to ask physicians for clarification on medical terminology, and types of surgeries, injuries and conditions. Do not feel self-conscious about asking questions. Physicians are required to explain the procedure or treatment, so you can make safe and informed decisions regarding your health and life.

If you have been the victim of medical malpractice due to the lack of “informed consent,” you need to seek legal representation immediately. Prochaska, Howell & Prochaska LLC has the experience, resources, and talent necessary to help in your recovery. Our medical malpractice attorneys are completely dedicated to each client, and give you the personalized care you deserve. Please call today for a free consultation. We would be honored to serve you!


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