June 1, 2021 Posted In Medical Malpractice
Many different procedures require medical providers to obtain informed consent from patients before performing them. If your doctor did not get your informed consent and you suffered any type of injury from a procedure, you may have a medical malpractice claim.
Proving a lack of informed consent is linked to a patient’s injury can be complicated. Like all medical malpractice cases, the more evidence you have to support your claim, the better. If you’ve been injured because medical personnel failed to obtain informed consent, an attorney will prove it by establishing:
Even if you signed a waiver that explained the risks and benefits of the procedure or treatment, you have the right to file a medical malpractice lawsuit if your lawyer can prove any of the following circumstances apply to your case:
Providers and healthcare institutions in California are required by law to obtain informed consent from patients before administering tests, procedures, other therapeutic interventions, or allowing participation in research studies. Unless it is an emergency, if a doctor acts without informed consent, it is considered a serious medical malpractice violation.
Consent is considered “informed” after the patient understands:
The process of obtaining informed consent is typically a document or form signed by the patient that states they understand all of the above information and permit the healthcare provider to proceed. This waiver also typically releases facilities and medical professionals from liability if a patient suffers an injury or dies during a procedure or from the treatment.
If you believe you are a victim of medical malpractice, speak to our Riverside Medical Malpractice Attorney as soon as possible. Call (951) 688-0006 or message us online so we may begin with your free case consultation.