Lack of informed consent – Medical malpractice injury attorney in MarylandWritten by ruxandra
Every day, all across the United States, millions of people undergo medical procedures without incidents. In fact, the US is one of the world’s safest places to undergo a medical procedure. Unfortunately, sometimes things go wrong and as a result people get injured. If you’ve been injured in a hospital or a clinic and suspect you have been the victim of medical malpractice you should contact your injury attorney from Maryland to determine if you can file an injury claim against the person responsible.
Medical malpractice in hospitals
Not all the people who are the victims of medical malpractice file an injury claim in Maryland and not all the injury claims filed are medical malpractice cases. When an incident happens in the hospital, a person can be unaware they have been the victim of medical malpractice. Many medical malpractice cases in Maryland arise due to medication errors. If you believe that you have been the victim of a doctor’s medication error you should contact your medical malpractice injury lawyer from Maryland to determine if you have a valid case.
What is informed consent?
The term “consent” means that a person allows something to happen. In the medical industry, it means that the patient allows their doctor to perform a certain treatment. The consent can be given either verbally, in writing (through a release or contract), or through certain actions (such as nodding your head) that display your consent.
In order for the consent you give to be informed, the doctor must provide you with all the information regarding the treatment you are about to receive. In other words, the medical facility or the doctor performing the procedure has to provide you with:
- The name of the medical that will perform the specific procedure and their qualifications
- The exact medical condition you have and that requires the medical intervention
- The medical procedure’s purpose the doctor recommends
- The reasonable foreseeable risks involving the procedure
- Any alternative treatments/ procedures and their risks
- The odds of success
- The expected recovery time
- The approximate costs of the procedure and if they are eligible for insurance coverage
How far does consent go?
A lot of people fear that if they give their doctor the consent for a procedure that will automatically allow them to do anything they see fit while working for you. Luckily this is not the case. Doctors are forbidden to do any other procedure or treatment than the one their patient has given consent for. Of course, the surgeon can do whatever they see necessary to protect your life during surgery.
In legal terms, the informed consent has the purpose of protecting patients of the doctor’s negligence and will not protect the medicals or the medical facilities against malpractice suits. With the help of your malpractice injury lawyer from Maryland you can determine if you’ve been the victim of the doctor’s negligence.
For more information about medical malpractice cases you can contact the best personal injury lawyer in Maryland at (443) 569-3950 or send an email to [email protected].