Lack of informed consent is a medical malpractice issue

On Behalf of | Oct 19, 2021 | Medical Malpractice

Lack of informed consent is one of the most common reasons for medical malpractice claims in Ohio. This can happen when a medical professional violates an individual’s right to make their own medical decisions freely. Read on to learn more about this issue.

What is the meaning of informed consent?

This is a principle that states that patients have to receive enough information to make their own decisions regarding their medical care. This includes the nature of the diagnosis and treatment as well as alternative options for medical management that may arise during or after treatment. The patient has the right to refuse medical procedures even if such refusal will lead to death.

How can lack of informed consent lead to medical malpractice suits?

There are many different types of medical malpractice cases that can arise, including surgical errors. Here is an example of how lack of informed consent leads to medical malpractice:

A medical professional fails to obtain informed consent from a patient for a medical procedure. The patient is not aware of the risks involved in undergoing this procedure, and there’s a chance they would not agree if they’re made aware of it. Unfortunately, a serious injury occurs during the procedure. The lack of informed consent is then cited as a sign of medical malpractice, and the negligent health care professional faces a lawsuit.

Competency in informed consent

Note that in order for patients to be able to give an informed consent for medical procedures, they have to be competent. This means that a patient has the mental capacity and understanding of medical issues sufficient enough so as not to endanger their own health or well-being if the doctors take their medical decisions into account. If a medical professional fails to determine whether a patient is competent or not, the lack of informed consent will constitute medical malpractice.

It is important for medical professionals to seek and obtain informed consent from their patients in order to avoid problems, such as lawsuits. As noted above, they need to first determine whether or not the patient is competent before doing so.

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