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Medical Malpractice: What is Lack of Informed Consent?

Your doctor has the legal responsibility to inform you of all of the details of a procedure before it can be completed. Informed consent refers to the act when a patient consents to a surgery or treatment plan before the doctor is allowed to complete the procedure. The doctor is required to fully inform the patient of the possible outcomes and consequences associated with the medical procedure. If your doctor did not receive your informed consent to proceed with a procedure, but did so anyway, you may be eligible to file a medical malpractice lawsuit.

There are some cases in which a doctor is not required to receive informed consent, such as emergency situations where a doctor must take immediate medical action in order to save a person’s life. There are also instances when the patient is unable to give consent due to mental illnesses. In these cases, a guardian is typically allowed to make medical decisions for the patient.

A written informed consent form should include all of the information needed for a patient to make an informed decision about whether or not they would like to undergo the procedure. This includes:

  • The name of the doctor who will complete the procedure
  • Summary of your medical condition
  • The purpose of the procedure
  • The risks of and alternatives to the procedure
  • Estimated recovery time
  • Estimated cost of the procedure

Negligent doctors who do not receive the informed consent of their patients before performing medical procedures need to be held liable for their actions. Speak with a Waukesha lack of informed consent lawyer to begin the process of filing a medical malpractice claim against your doctor.

Contact the Waukesha lack of informed consent lawyers of Habush Habush & Rottier S.C.® today for more information about your legal rights. Call (800) 242-2874 today to schedule your free initial consultation.