It is important that a patient has all the proper information before they make a decision to consent to a medical procedure.
The doctor conveys this information to the patient through informed consent.
The principle of informed consent requires a physician to provide information about a patient's medical condition and all their available medical care options.
The doctor must adequately inform the patient of the diagnosis, the nature and purpose of the treatment, any alternative treatments, the benefits and risks of the procedure itself and the risks of not undergoing the procedure, and any available alternatives.
In essence, under the concept of informed consent, the doctor must not only get the patient's consent to treatment, but the consent must be obtained from a fully informed patient.
While consenting to treatment may impose certain limits on your rights, signing a statement assuming the risks involved with a procedure does not mean that you have no recourse if the health care provider fails to perform according to acceptable levels of care.
Though you may be consenting to certain risks inherent in the medical procedure, you are not consenting to negligent practices by the doctor.
Forms of consent Consent to a treatment can be given either verbally or in writing, as is common where doctors provide consent forms for patients to sign.
There are some situations where consent of a patient is implied, as where the patient exhibits conduct indicating a willingness to undergo the treatment, or in the case of an unconscious patient who is unable to consent and there is no family member available to give consent on his or her behalf (and no living will which directs otherwise).
If the patient is a child, it is usually necessary for a parent or guardian to consent to any treatment, unless treatment is required in an emergency situation and the parent or guardian is unavailable to give consent.
Minors do not need consent from a parent or guardian if they are seeking treatment for a sexually transmitted disease or drug and alcohol problems.
Damages The damages a patient may recover in this kind of medical liability action are different from the damages that might be obtained in a medical malpractice negligence action.
Because the liability relates to the lack of consent to a procedure, rather than damage involved in a procedure, a patient may be able to recover damages even if the medical procedure was successful.
In a negligence case, the patient must prove that damage occurred in order to be awarded a settlement.
The doctor conveys this information to the patient through informed consent.
The principle of informed consent requires a physician to provide information about a patient's medical condition and all their available medical care options.
The doctor must adequately inform the patient of the diagnosis, the nature and purpose of the treatment, any alternative treatments, the benefits and risks of the procedure itself and the risks of not undergoing the procedure, and any available alternatives.
In essence, under the concept of informed consent, the doctor must not only get the patient's consent to treatment, but the consent must be obtained from a fully informed patient.
While consenting to treatment may impose certain limits on your rights, signing a statement assuming the risks involved with a procedure does not mean that you have no recourse if the health care provider fails to perform according to acceptable levels of care.
Though you may be consenting to certain risks inherent in the medical procedure, you are not consenting to negligent practices by the doctor.
Forms of consent Consent to a treatment can be given either verbally or in writing, as is common where doctors provide consent forms for patients to sign.
There are some situations where consent of a patient is implied, as where the patient exhibits conduct indicating a willingness to undergo the treatment, or in the case of an unconscious patient who is unable to consent and there is no family member available to give consent on his or her behalf (and no living will which directs otherwise).
If the patient is a child, it is usually necessary for a parent or guardian to consent to any treatment, unless treatment is required in an emergency situation and the parent or guardian is unavailable to give consent.
Minors do not need consent from a parent or guardian if they are seeking treatment for a sexually transmitted disease or drug and alcohol problems.
Damages The damages a patient may recover in this kind of medical liability action are different from the damages that might be obtained in a medical malpractice negligence action.
Because the liability relates to the lack of consent to a procedure, rather than damage involved in a procedure, a patient may be able to recover damages even if the medical procedure was successful.
In a negligence case, the patient must prove that damage occurred in order to be awarded a settlement.
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