A physician owes a duty to his or her patient to adequately disclose the risks involved in any proposed medical procedure or course of treatment. The doctrine of informed consent dictates that every competent adult patient has the right to determine what may or may not be done to his or her body. In order for a patient to exercise this right, it is their physician’s responsibility to divulge sufficient information to enable the patient to make an informed decision. If a physician fails to disclose significant information to a patient regarding his or her operation, the patient may have grounds for a medical malpractice claim.
All medical procedures or treatments involve some level of risk, and it is the physician’s duty to share the risks and important information with their patients. The doctrine of informed consent was founded on the principle that an adult patient of sound mind and body has a legal right to accept or deny treatments and procedures. If a patient is subjected to a procedure that he or she has not agreed to, the physician performing the procedure may be in violation of the patient’s legal rights. In order to avoid legal action, physicians and medical professionals must disclose relevant and appropriate information so that the patient may make an informed decision about the procedure or treatment.
Not only must a physician discuss the procedure and risks with his or her patient, but the patient must comprehend (to the extent of his or her ability) the associated risks. Many physicians require patients to sign a consent form detailing the possible risks involved, but the doctor must discuss the risks with the patient as well.
There are several exceptions to the informed consent rule, and the informed consent doctrine may differ depending on the state or jurisdiction. For example, in the event of a medical emergency, there is often not the time to disclose the risks involved to a patient. To see if you have an informed consent claim, it is crucial that you speak to a local, experienced attorney about the informed consent rules associated with your case.
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The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.