When medical professionals are giving care and treatment, they are required to obtain “informed consent” from the patient. This means that they must disclose information about the treatment or procedure to the patient, including:
- The nature of the condition
- The nature of the proposed treatment
- The probability of success of the proposed treatment
- The material risk to the patient if the treatment is unsuccessful
- Alternative treatments
In Ohio, informed consent is a separate cause of action. In a medical malpractice case, plaintiffs can sue in cases in which the medical professional did not obtain informed consent. Arguably, informed consent should apply to a doctor’s experience with certain medical procedures and/or his or her complication rate.
Defenses for Informed Consent Lawsuits
Medical professionals may defend themselves by a number of means, including claiming the risks of the treatment were too commonly known to warrant disclosure or that it was not possible to obtain consent because the patient was unconscious.
However, doctors, nurses, and other medical providers still have a duty of reasonable care to inform patients of the risks of a given procedure. This allows individuals to make informed decisions about their health. Failure to obtain informed consent can be a form of medical malpractice.
Let Our Firm Fight for You
If you are pursuing a medical malpractice case, it is important to have an attorney who understands informed consent and how it applies to medical negligence cases. Our lawyers have the knowledge and experience to handle complex medical malpractice lawsuits involving catastrophic injuries and wrongful death.
We can answer any questions about informed consent or other legal issues you face in regard to your claim. Call The Becker Law Firm at (440) 252-4399 or contact us online.