The Importance of Informed Consent

The Legal Definition of Informed Consent

Informed consent refers to the permission given by someone receiving medical care to a provider, doing so with a full understanding of the nature of the treatment, the purpose of the treatment, the risks involved, alternative treatment options, and the actions that the provider will take to administer the treatment. This is a crucial concept in the medical field, because no medical treatment is wholly without risk, and patients should be fully aware of those risks before consenting to treatment. Depending on the situation, informed consent can be given verbally. As long as the decision was made with a full understanding of the above factors, informed consent exists. Informed consent comes into play in a huge range of activities, some examples being:

• Getting a tattoo
• Receiving medication
• Undergoing a surgical procedure

The Purpose of Informed Consent

The practice of obtaining informed consent protects both patients receiving care and healthcare providers involved in the procedure or care. As a patient, to best ensure that you are making decisions and giving consent with a solid understanding of the purpose, risks, side effects, and other relevant facts, you must look over any documents you receive carefully, and maintain consistent contact with healthcare staff, particularly during and immediately after treatment, to ensure that nothing goes unaddressed. From the perspective of a healthcare provider, their ensuring that the patient was consenting to treatment from a shared understanding protects them significantly, for if side effects occur or the treatment fails, these possibilities were noted and accounted for prior to starting treatment, and they cannot be held legally responsible for medical events that were within the scope of the consented to likely outcomes.

Informed Consent Forms

Before a procedure of any severity or risk level is carried out, except in emergency situations, consent forms detailing the planned course of action will be given to the patient or the patient’s parent or guardian, if the patient is a minor.Though these forms can be daunting, it is important that the patient or guardian read these documents thoroughly and ask clarifying questions. These forms should be explained by the provider, and any misconceptions identified and resolved before treatment begins. The patient or guardian is then asked to sign the consent form, attesting to their understanding of the proposed treatment and the risks involved, thus giving the provider permission to proceed.

What Happens When Informed Consent is Not Possible?

If full discussions regarding treatment plans, risks, and other considerations are not possible due to an emergency situation, then the concept of implied consent kicks in. Implied consent is the assumption that a person in a life threatening situation would consent to lifesaving treatment, if they could. This concept is crucial in emergency medical situations, as it protects both those administering emergency aid and the person receiving it. For example, if someone were to collapse from a heart attack in the middle of a busy airport, and bystanders began giving CPR resulting in cracked ribs, the bystanders would not legally held liable for those damages, as they were acting within the accepted range of risks that CPR poses, and it is assumed that people would want to be helped when they are experiencing a life threatening medical event. This also applies to those being treated by medical professionals in emergency departments or elsewhere. Detailed conversations and written documents are not always available, and this concept allows for those circumstances.

What to Do if Informed Consent Was Not Obtained

If in hindsight, you feel as though you consented to medical treatment without receiving the proper amount of information regarding side effects, outcomes and risks beforehand, you might not have been acting from a place of informed consent. If you feel, after consulting medical records and correspondence with your providers, that you were lacking crucial information that would have altered your position, it is best to contact an attorney. When you meet with them to discuss your situation, bring any medical records and consent forms relevant to your care with you, so your attorney can better understand your situation and concerns.

For legal counsel for your set of facts, contact the attorneys at Sandberg Haddon.

 

DISCLAIMER: This article is not intended for and should not be used as a replacement for legal advice.