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 Medical Surgeries, Diagnosis and Related Issues The concept of informed consent is one that impacts medical malpractice cases. The theory behind this concept is that a physician should inform you of all of the risks and problems associated with the surgery you are about to undergo, before you undergo this surgery, so that you can make an "informed decision" about whether the benefits outweigh the risks. Thus, it is standard medical practice to require a doctor to inform you about all of the problems associated with your illness or condition and all of the risks involved. The doctor is also required to inform you about his/her proposed treatments. After all of this information is received by the patient, the patient can make an informed decision. It can be malpractice for a physician to treat you without informing you of all of the required information. Needless to say, there is a whole body of case law in every state that provides guidance and questions about exactly what information a physician must provide to the patient to satisfy the duty of "informed consent." Reading the relevant case law often gives you less clear knowledge of the information which must be told to patients. However, some general rules apply. A physician must tell you the following:
Naturally, not every physician will spend three or four hours with you doing an extensive "informed consent seminar". However, you have a right to this information. Often hospitals will have pre-printed sheets that have six or seven items on the form that serve as an informed consent sheet. Typically, these sheets are thrust in your face as the anesthesiologist has started putting you under anesthesia. You must sign that you have agreed to these before the surgery is conducted or the hospital may threaten not to perform the surgery. The purpose of this discussion is preventative. That is, if you have been told you have a condition or need surgery, then you should discuss the informed consent information with your physician in advance. Informed consent is for your benefit, not so the hospital can wave an initialed sheet around after your unsuccessful surgery that says "Well, she consented to everything, see". Take this list to your physician and discuss these things, in detail with him/her. Once you initial these hospital forms it is extremely difficult to "undo" them should anything go wrong in your surgery. And, you should know that by putting your initials on this sheet, you are actually giving the hospitals and physicians a "free pass" on a major portion of malpractice law. Again, if you have been told that you are about to undergo surgery, you may wish to discuss this matter with an attorney, before the surgery. Make sure that your attorney can give you some guidelines as to what information you may need to know about, before you undertake certain treatments. Many attorneys will recommend that you take detailed notes which can be saved as a record. The best way to ensure that a physician has met this standard of informed consent is to record the conversation between you and the physician. However, many physicians become upset at this suggestion and you may choose not to do so. Another note about informed consent: It Must Be Consensual. That is, you must be able to freely give a yes answer to the treatments or surgery the physician proposes to undertake. If your consent is not obtained freely, and the surgery is performed improperly, you may still have a cause of action against the hospital or doctor for malpractice, sometimes even when you have signed certain forms. However, it is completely unadvisable to attempt to handle any such malpractice claim yourself, and an attorney must be consulted in this area. Also, before you undergo any procedure with possible serious risks, you should review Durable Power of Attorney for Healthcare, Durable Power of Attorney, Understanding The Legal Consequences Of Creating A Life Care Plan, and Protecting Your Estate: Questions.
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