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Lack of Informed Consent Medical Malpractice Cases

When you visit a doctor you consent to a routine examination that entails little to no risk to you. By showing up for your doctor’s appointment you consent to have your blood pressure taken and your reflexes measured. However, before performing a medical procedure that carries a risk of adverse effects, your doctor must obtain your informed consent.

Informed Consent and Medical Malpractice

You may be entitled to damages in a Virginia or Washington D.C. medical malpractice lawsuit if:

You did not provide your informed consent prior to treatment. If your physician failed to inform you about your diagnosis, the benefits and risks of the suggested procedure, the availability of other procedures, and the risks of going without treatment, then you could not provide your informed consent to the procedure.

You were hurt during the course of treatment. You may have been hurt during the course of treatment if you suffered an adverse effect which would not have occurred without the procedure.

You would not have consented to treatment if you had been given all the information necessary to make an informed decision. You will need to prove that, had you been provided all the information necessary for informed medical consent, you would have chosen not to have the treatment or procedure done.

Recovering Damages if You Didn’t Provide Your Informed Consent

If you successfully prove that you did not provide your informed consent, that you were hurt during treatment, and that you would not have consented to treatment if you had been given all the information necessary to make an informed decision, then you may be able to collect damages for your medical costs, lost income, out-of-pocket expenses, and pain and suffering.

Remember, lack of informed consent is only one way to succeed in a medical malpractice case. Virginia and Washington D.C. medical malpractice lawyers can help you determine if you have valid cause of action pursuant to an informed consent theory of medical negligence, or if there was another reason for your injury that may entitle you to damages. Contact the Northern Virginia personal injury attorneys of Shevlin Smith today to discuss your case.