Informed Consent Issues
Oklahoma City Medical Malpractice Attorneys
A conscious and mentally capable patient has the legal right to informed consent. To lawfully perform a medical procedure, a doctor or other medical professional must get the consent of the patient or of a representative of the patient if he or she is incapable of consent due to mental retardation, Alzheimer's disease, intoxication, unconsciousness or severe mental illness.
This would mean that the medical professional would need to provide the patient with accurate information in regard to the diagnosis that was reached, the proposed treatment, any risks associated with this treatment, any alternative treatment that may be available, and what risks may be associated with forgoing treatment altogether. This will enable the patient to make an informed decision regarding the procedure. If a procedure is performed without informed consent, this may mean that a patient has grounds to file a medical malpractice lawsuit.
Lawsuits Involving a Failure to Get Informed Consent
- In order to file a successful lawsuit involving an informed consent violation, the patient will need to prove two important facts:
- The medical professional acted in violation of the patient's informed consent and performed the procedure without consent; and
- A reasonable person in the patient's same or similar position would not have chosen said procedure if given the choice.
If you or a loved one underwent any type of medical procedure or surgery and you believe that there was a violation in regard to informed consent, contact a medical malpractice attorney at our law offices. We are highly experienced in taking on claims of this kind and can offer you an honest evaluation of your case to determine whether you have grounds for a lawsuit. These cases may be complex and difficult to prove, but with a persistent approach and the proper resources to fully investigate the matter, you have the opportunity to seek full compensation for your injuries.
Contact an Oklahoma City medical malpractice lawyer from our team at the Law Offices of Stipe & Belote for additional information and to schedule your free consultation.