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Medical Malpractice and Informed Consent

 If a patient is unable to give properly informed consent, it can lead to medical malpractice.

If a patient is unable to give properly informed consent, it can lead to medical malpractice.

Typically, physicians and their patients discuss the risks and benefits of treatment before deciding on a course of action, whether that means medication, surgery, or even physical therapy. A part of this is informed consent. When a patient is weighing their options, it’s important that their healthcare provider gives them all the information they need in order to give informed consent. This means all the important details of the treatment, including any known risks. If a patient is unable to give properly informed consent, it can lead to medical malpractice

Risks and Benefits

A signature on a medical waiver or other form is not enough to constitute informed consent. Patients must be told the benefits and risks of their treatment options in detail, in addition to alternate options. Once given all this information, a patient has the right to consent or refuse the treatment. If a patient consents to a procedure without being properly informed, it can leave them vulnerable to any unknown risks.

Consent Forms and Malpractice

Consent forms serve to ensure patients have gotten all the information needed to make informed decisions about their health. It’s very important that consent forms are clear in warning patients of any risks or dangers associated with the healthcare they are receiving. If these forms fail to warn you of the risks of your treatment, it can constitute medical malpractice. Always examine consent forms closely: not only do they warn you of the risks of any treatment or procedure, but they also serve as an important reference so that you can confirm the details of your treatment later on.


It’s crucial that your healthcare provider communicate the details and risks of treatment in a clear manner. This can mean using an interpreter to inform you despite a language barrier and using clear language that you can understand. While doctors use medical jargon every day, it’s important that they make sure they’re using language with patients that will help them understand their treatment options and not leave them in the dark.

Contact The Law Offices of Cardaro & Peek, LLC Today

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 and follow us on Facebook, Twitter, and LinkedIn for more information.

This entry was posted on Friday, June 14th, 2019 at . Both comments and pings are currently closed.