Informed consent lawsuits involve the failure of a medical professional to offer information, prior to a procedure, that would be important to the patient with regard to their decision on whether to have the procedure.
Informed consent involves more than a signature on a consent form at the doctor’s office or hospital before having a medical procedure or surgery. While these consent forms are required for doctors and hospitals to proceed with medical treatments, they are not the full picture. The information that is conveyed to the patient in other contexts and formats also has a role to play.
The key to making a reasonable decision regarding your medical care is understanding the possible outcomes and consequences associated with the treatment. You have a right to be informed of the risks involved.
A lack of informed consent results from a failure by the health care provider to inform the patient about reasonably foreseeable risks, alternative treatments that may be available, and the benefits of any proposed treatments. This information must be communicated in a manner such that a patient can understand and make an informed evaluation.