What Is Informed Consent? Do I Have To Accept Medical Treatment?

Health care services are unique because customers do not shop around or negotiate contract terms with providers. Instead, patients place their trust and faith in their doctor to make the right decisions. In many cases, patients may not even think to inquire about the possible risks or complications that may arise from medical interventions, including complex procedures such as surgery.

This is why medical care requires informed consent. Informed consent means that patients understand the risks and benefits of medical procedures, so they can make meaningful medical decisions. For more information about patients’ informed consent laws, reach out to an experienced healthcare attorney for legal advice.

What Is Informed Consent?

In plain terms, informed consent means that before undergoing certain kinds of surgery or medical treatment, a health care provider must inform you of the general terms regarding the procedure. To have informed consent, you should understand the benefits of the procedure, side effects, and alternative treatments.

You have patient autonomy to decide whether you want to proceed with the treatment plan or not. If you undergo a procedure and suffer injuries due to medical negligence, the failure to follow informed consent laws may give rise to a medical malpractice claim.

Informed consent laws vary by state. In some states, you have an independent claim if a healthcare professional fails to follow consent procedures. In most states, failure to obtain informed consent is treated as a specific type of medical malpractice.

“From what I understand, other states may have informed consent statutes that give you an actual claim if you violate the informed consent statute,” says Ranse M. Partin, a litigator at Conley Griggs Partin in Atlanta. “In Georgia, there’s not really an independent claim for violating the statute.”

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When Do You Need Informed Consent?

Not all medical procedures require informed consent. Some states are very specific about when informed consent is required. “Georgia’s informed consent statute is fairly specific as to what has to be disclosed,” says Partin. “And as long as that’s disclosed, the statute is satisfied.”

Depending on the state, the types of procedures that require informed consent may include the following situations:

• Surgical procedures under general anesthesia
• Surgical procedures under spinal anesthesia
• Surgical procedures under major regional anesthesia
• Amniocentesis on a pregnant woman
• Imaging procedures that involve injecting dyes into the patient
• Research studies and clinical trials

What Information Must Be Disclosed When Getting a Patient’s Consent?

The healthcare team must explain the procedure in terms that a layperson can understand. An informed consent document may detail the relevant information. The patient should then sign a written consent form agreeing to the procedure after reviewing all relevant information and treatment options.

The medical information that a doctor must express includes:

• The patient’s medical condition that requires the proposed surgical or diagnostic procedure
• The nature and purpose of the procedure itself
• Any material risks associated with the procedure
• The likelihood of success for the procedure
• Whether any practical alternatives exist to the procedure
• The patient’s likely prognosis if they refuse treatment

The term “material risk” is critical. Depending on your state’s laws, a doctor must disclose either what a reasonable patient would want to know to make a decision, or what a reasonable physician would customarily disclose in similar circumstances.

This is only a partial list. The legal test is essentially what a “reasonably prudent person” would consider during an informed decision whether or not to have the procedure.

Find an Experienced Attorney to Discuss Your Legal Rights

Before undergoing any medical treatment, make sure you understand the high risks, the medical benefits, and any reasonable alternatives. Don’t be afraid to ask questions. Medical care involves shared decision-making between the patient and the doctor. Remember, an injured patient can recover damages for lack of informed consent if they prove the following elements:

• The risk was not disclosed during the informed consent process 
• The patient would have refused the process had they been fully informed of the risks
• The patient suffered an injury during the procedure
• The lack of informed consent was a proximate cause of that injury 

If you think your doctor violated your rights and you suffered medical injuries, talk to a health care lawyer. A health care lawyer can review your medical records and look for documentation of informed consent. If you suspect that your patient rights were violated under state law and want to know your legal options, visit the Super Lawyers directory to find a qualified health care lawyer.