It is difficult to make medical decisions without doctors. As experts, they are the ones who have ample knowledge when it comes to the right medicines and treatments for certain diseases and illnesses. Thus, they must provide their patients with ample information on different medical treatments as well as their risks. When medical practitioners undergo unauthorized treatment, it can lead to medical malpractice or informed consent.
What is Informed Consent?
Basically, informed consent is a verification that the patient received all the information that he needs from the doctor. These include the person’s medical condition, choices of treatment, prognosis and all the possible risks from treatment. This is both a legal and ethical responsibility of the doctor and it must be comprehensible enough for the patient to understand.
What is Unauthorized Treatment?
Civil offense can be charged to a medical practitioner if he or she fails to acquire informed consent but still undergoes a treatment. It can also be considered as an authorized treatment if the doctor did not explain or make clear to the patient all the possible risks and side effects related with the treatment procedure.
Who are Competent for Informed Consent?
To give an informed consent, the patient has to be competent which means he is in the right age and mind to make a medical decision. Basically, adults are considered as competent apart from those who have mental problems. On the other hand, minors are considered as incompetent since they are still too innocent to decide for themselves. Nonetheless, their parents or guardians can sign the informed consent form for them.
Do you have a Legitimate Medical Malpractice Claim?
To know if you have a legitimate medical malpractice claim, you need to have an experienced lawyer review your situation free of charge. Your lawyer will help you weigh things and decide whether you need to file a lawsuit or not. Want to know more about medical malpractice? Click here to learn more.