What is Informed Consent?

Informed consent is the idea that a patient must agree to or “give consent” to treatment after being adequately informed about the treatment and having the opportunity to raise questions about it. Adults and all people over the age of 18 can give informed consent for themselves; however, anyone under the age of 18 is not able to give consent, and their parents or legal guardian must provide consent. When you sign informed consent, you are signing that you received all the necessary information about the different options, you have the opportunity to ask questions to gain a better understanding of the treatment then you sign the consent form saying you consent to either all the treatment or just some aspects of it.  You should look at informed consent as a time to get all \ of your questions answered, do not sign the form unless you are 100% sure you are ready, and never sign the form without having a conversation with your doctor first. Informed consent is to protect the patients by ensuring they have all the information necessary to make an informed decision about their health, and it protects the healthcare providers by having proof that they did their job. Although informed consent is a good system, it is not perfect, and things can still happen that may result in a lawsuit. So, if you require a medical malpractice lawyer on Long Island, then try Tannenbaum, Bellantone, and Silver, P.C.

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What will happen during your visit that is informed consent:

  • The doctor must name the condition they are diagnosing you with 
  • The doctor will describe the treatment or test that they think you need
  • Discuss the risks of the treatment or test
  • Discuss what should occur as a result of the treatment or test
  • The doctor will open up the floor to answer any questions about the treatment and possibly even offer other options if the family is uncomfortable with the proposed option.
  • If other treatments are suggested, they must also tell you the risks and benefits of those options.

Reasons you can sue when it comes to informed consent:

  • Failure to obtain informed consent
    • If your healthcare provider performs a treatment on you without getting your informed consent, you can sue, as this is a form of medical malpractice.
  • A patient’s partner may sue if the treatment resulted in illness or injury.
    • A patient’s partner can sue if a doctor does not get informed consent. If the patient’s treatment leads to injury or illness, which leads to a loss of intimacy or partnership, they can sue for a loss of consortium. 
  •  Emotional distress caused by the negligence of the healthcare provider
    • If your doctor does not get your informed consent before treatment, it can lead to emotional distress, and you can sue for negligence.

Medical Malpractice Lawyer on Long Island

Tannenbaum, Bellantone, and Silver, P.C. is a medical malpractice lawyer on Long Island who can help you with your case about informed consent. Contact us and make an appointment today.