Patient Consent & Medical Malpractice Claims
Medicine can be as dangerous as the illness sometimes. Chemotherapy, for example, uses medication so toxic it can begin to harm the patient as it destroys the cancer inside the patient. Because of many treatment’s inherent risks, doctors must fully inform their patients about the potential detriments.
It is a doctor’s responsibility to give a patient information about a particular treatment or procedure so the patient can decide whether to participate. This knowledge of the procedure is called informed consent, meaning the patient is fully aware of what may happen after they allow the treatment to proceed.
Usually, a doctor requires patients to sign a consent form detailing the risks, but signing a form doesn’t prove the patient gave informed consent. The doctor must discuss the procedure and risks with the patient, and the patient must understand, to the extent possible, the dangers he or she faces.
If a doctor fails to get a patient’s informed consent, and the patient would not have opted for treatment if he or she knew about the risks, the patient might be able to sue the doctor for medical malpractice.
A doctor doesn’t have to discuss every possible thing that could happen because of the treatment; instead, he or she must cover the things likely to happen or that are important. Whether a doctor is guilty of negligence depends on whether other doctors in similar situations would have made the same call.
If you’re unsure whether your case qualifies as medical malpractice, talk to one of our skilled Los Angeles medical malpractice attorneys about your case today. Mardirossian & Associates, Inc. has more than 45 years of combined legal experience to offer your case. Let us see what we can do for you.
Contact us at (323) 648-3478 or fill out our online form to schedule a free case consultation today.