Representing Patients Who Could Not Give Informed Consent

Doctors have a duty to inform their patients of their options and rights before providing any remedies. It is not enough to make the right diagnosis or provide the right treatment. Every medical procedure has some degree of risk, and the patient has the right to be fully informed of the known and reasonably possible risks.

Patients who were harmed due to a procedure or treatment they did not consent to or would not have consented to if they had known all the risks have options. The medical malpractice lawyers of Crandall & Pera Law have the experience and winning track record to help injured patients. We have obtained some of the largest recorded verdicts in several counties for medical malpractice victims throughout Ohio and Kentucky.

Standard Of Care Required Before A Procedure

Informed consent is a long-standing duty that doctors and health care providers owe their patients. As a patient in a hospital, clinic or doctor's office, you have the right to know:

  • What medical condition you have
  • The type of treatment the doctor wants to do and the purpose of the procedure
  • Any reasonable alternative treatments or medications the doctor could use
  • The risks involved with each procedure
  • The odds the procedure will succeed and the possible side effects or consequences
  • The time it will take for you to recover
  • The expenses involved and whether your insurance is likely to cover the costs
  • What medications will be used
  • What you will have to do to maximize the chances the procedure will succeed

If the patient is conscious and competent, then the patient needs to give the consent.

Sometimes, a patient is not mentally or physically able to give consent, or is unconscious. In the latter scenario, the doctor should seek court approval or approval from a guardian, supposing there is no advance directive for care. Parents can give informed consent when their children are minors.

The Scope Of The Informed Consent

A patient who signs an informed consent form is just acknowledging that he or she has been told about the procedure, including all relevant risks. It is not a waiver of liability. If the doctor or hospital commits medical error, the lawyers at Crandall & Pera Law will fight for injured clients and seek the maximum recovery Ohio law allows.

The doctor can only do what the patient consents to with the exception that if a complication arises, the doctor can do his or her best to manage the complication.

There may be some balance considerations. For example, if a doctor knows a patient has emotional problems or severe anxiety, the doctor may be justified in treating the patient without the signed consent if failure to have the treatment would be life-threatening. Doctors who proceed to operate without informed consent are risking a lawsuit.

Doctors who fail to disclose a risk will be judged by several standards. The Ohio medical malpractice lawyers at Crandall & Pera Law will know which standard applies. The first standard test is what would other competent physicians have done? Another standard is whether the patient would have acted differently if they had known all the risks involved.

Patients Have A Right To Know The Risks Of Every Procedure

At Crandall & Pera Law, our medical malpractice lawyers work hard to obtain justice for those who have been injured. We help clients get back on their feet and ensure their future medical and financial needs are covered. We have offices in Columbus, Cleveland, Cincinnati and several other locations in Ohio and northern Kentucky. Please call us today at 855-444-6651 or fill out the online form to get started.