It is very common for medical professionals to obtain consent before performing medical procedures. Patients have the right to make informed decisions about the kind of care they receive. Medical professionals should inform the patients about certain issues so that patients can make those decisions. Normally, doctors should explain the procedure being performed, the types of risks involved, any potential benefits to the procedure, and any alternatives that exist.
In some cases, medical professionals do not need to inform patients prior to giving treatment. If a doctor is not providing detailed care, consent is not needed. For example, if a doctor is simply taking your weight or your vital signs, that is not considered treatment and consent is not needed. Also, if there is a medical emergency and a doctor cannot obtain consent, the doctor does not have to obtain consent and will not be liable for rendering treatment. Finally, if the patient is incapacitated or is a child, the doctor does not have to seek consent from the patient, but probably needs consent from the person’s guardian or parents.
If consent is obtained before a medical procedure, that does not mean that if the procedure goes poorly that the patient cannot sue for medical malpractice. Medical malpractice lawsuits are based on the negligence of doctors, nurses, or other medical professionals. If a medical professional does not adhere to a standard level of care when performing a procedure, that individual can be held liable for medical malpractice.
If you believe that a medical professional has committed medical malpractice, you should speak with an attorney. Call me, Conal Doyle, Los Angeles medical malpractice attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.