Glick Law Firm, P.A.

In many situations where medical care or treatment is provided, medical professionals are required to obtain the patient's "informed consent." Although the specific definition of informed consent may vary from state to state, it essentially means that a physician or other medical provider must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical/medical procedure or other course of treatment and must obtain the patient's written consent to proceed.

If this duty is breached and an injury or death results, the patient or the patient's survivors may have a legal claim for damages. An experienced medical malpractice attorney will help you determine whether you have a claim and will represent your interests throughout the legal process.

The concept of informed consent is based on the principle that a patient has the right to prevent unauthorized contact with his body, and a physician has a duty to disclose information to the patient so that he/she can make a reasonable decision regarding treatment based on an understanding of the treatment being provided.

The failure to obtain informed consent is a form of medical negligence. Physicians themselves, rather than a nurse or other healthcare professional, is the best choice to speak to patients about informed consent. The physician should cover the following when talking to the patient about informed consent:

· The diagnosis
· The purpose of the treatment or procedure
· The benefits and risks of the treatment or procedure
· Alternatives to the treatment or procedure
· The risks/benefits of those alternatives
· The risks/benefits of not having any treatment or procedures

If the patient understands and agrees to the treatment or procedure, the consent form must be signed and dated, and a copy of those documents will be placed in the patient's chart.

Is Consent Always Necessary?

There are situations where informed consent may not be necessary or where it may be implied. For instance, a doctor would not typically ask a patient if he has permission to listen to his heartbeat with a stethoscope, so the consent to do so is implied. In emergency situations, there is not always time to obtain a patient's informed consent, or the patient may not be physically able to give informed consent. If an emergency involves a risk to the patient's life or the patient is not able to communicate, consent may be implied under the rationale that the patient would have consented in he were able to.

In most cases, parents can give informed consent for treatment of their minor children. However, some states allow young adults under 18 to play a more active role in their medical treatment including the process of informed consent. Some states have passed laws that allow minors to consent, without parental approval, to health care treatments related to drug abuse, mental health and sexual activity.

An experienced medical malpractice attorney such as the attorneys at the Glick Law Firm, P.A. in Boca Raton, Florida will advise you regarding your informed consent medical negligence claim. Please call or email the Glick Law Firm, serving clients in Boca Raton, Ft. Lauderdale and West Palm Beach, today to schedule your free initial consultation.