Informed Consent in Medical Malpractice Cases May Not Be What You Think

An interesting article about the doctrine of “informed consent” at the link in the heading of this blog is worth taking a look at. In the medical malpractice context, informed consent is not exactly what some clients think it to be. In a case I am working on now, a patient was killed (she bled to death) during surgery. This patient consented to the surgical procedure, for which there certainly were known risks and complications. The complication that occurred was the puncture of a blood vessel. This patient had signed a “consent” form, agreeing to the procedure. The patient’s family, whom I represent, were under the impression that, because this form (presented to the patient at the hospital) was signed by the patient, that any bad result from the surgery was a risk agreed to, and this family was not sure whether they had any legal right to hold accountable the hospital, doctors, nurses and other healthcare providers involved in the surgery. First, “informed consent” generally has nothing to do with the negligent performance of a surgery or other healthcare. Informed consent simply means that the medical provider informed the patient of the possible risks, complications, and bad outcomes that could result from a medical procedure – even if the doctor, nurses, or hospital acts clearly within the standard of care. Informed consent has more to do with whether these risks, complications, and bad outcomes would have caused the patient to decide not to have the procedure. If you have any sort of legal claim (or you think you may have a legal claim) against a doctor, hospital, nurse or other healthcare provider, informed consent could be an issue. I would advise consulting a lawyer who handles cases involving medical errors, medical mistakes and medical malpractice. My office provides free consultations, in many cases with registered nurses, to evaluate your possible medical malpractice legal claim, whether the case involves a wrongful death, or injury. You may contact The Law Offices of Thomas Waitt Pleasant, PLLC toll free to discuss your case. We can meet with you at your convenience, to include meeting at our Fayetteville, Wilmington or Raleigh locations; or we can come to you to discuss your case.