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Lack of Informed Consent Cases

One type of medical malpractice involves a doctor’s failure to adequately inform a patient before performing a medical procedure. Without proper information given before treatment, informed consent from the patient to perform the procedure is impossible. Consent in this situation includes disclosure of information related to the procedure as well as the patient providing an agreement to undergo the treatment. In many states, a written expression of consent is required.

Additionally, consent alone is not enough in most places. Informed consent includes pieces of information such as the identification of the performing physician, their qualifications, the purpose and risks of the procedure, alternative choices, chances of a successful outcome, and expected recovery time. Once consent is provided, the overseeing doctor is not allowed to exceed the scope of permission.

In some special cases, informed consent may not be necessary. These situations include emergencies, where a patient is either unconscious or incapable of providing consent, and doctor interactions that do not rise to the level of treatment, such as listening to a patient’s heartbeat or checking reflexes. If a person suffers a permanent disability, medical personnel will often ask the court to appoint a guardian to make informed consent decisions for the patient. In this vein, parents are usually accepted as providers of consent for their minor aged children.

If you did not give informed consent in a medical case and suffered ill health effects as a result, an experienced personal injury lawyer can fight for your rights. The Sheboygan Medical Malpractice lawyers at Habush Habush & Rottier S.C. ® will be your aggressive defenders. Contact them today at (920) 459-8000 to learn more about your legal options.