What is Informed Consent?
Medical Malpractice Lawyer Bangor ME
Your Rights Explained by a Medical Malpractice Lawyer Bangor ME Relies On
It is required that all doctors inform their patients of any risks associated with their proposed medical treatment or procedure. This is known as “informed consent.” If a doctor doesn’t receive their patient’s informed consent and they subsequently injure the patient, the patient may have grounds for suing the doctor for medical malpractice. David Bate is a medical malpractice lawyer in Bangor ME who can represent you in this scenario and seek a substantial settlement from the physician.
The Definition of Informed Consent
For most medical treatments or procedures, there is some degree of risk. The doctor must tell their patient about any risks associated with the procedure. This is to help the patient make an informed decision about whether or not they want to go through with the procedure, treatment, or test. This process of the doctor providing the patient with this information and subsequently receiving the patient’s agreement to undergo the medical procedure is called informed consent.
It is typical for a doctor to require their patients to complete and sign a consent form that lists all of the associated risks with the procedure or treatment. However, the patient does not give informed consent simply by signing the form; the doctor must also speak to the patient about the procedure and its risks. In addition, the patient must fully understand the risks they are facing.
If a medical malpractice lawyer in Bangor ME can prove that the doctor did not receive informed consent from a patient, they may have grounds for suing the doctor for medical malpractice.
What Risks Need to be Disclosed?
A doctor must tell their patient about any real risk associated with the proposed treatment or procedure. However, how does a doctor know what is worth mentioning? Most states use two different standards to decide what is important:
1. Would another doctor have told the patient about the risk?
If a state uses this standard, the injured patient and their medical malpractice lawyer in Bangor ME will need testimony from a medical expert who can state that other doctors would have told the patient of the risk. Just because a bad result is a small possibility does not mean that is has to be disclosed, even if a bad outcome occurs.
2. Would a typical patient make a different decision if they had known of the risk that was not disclosed?
If a state uses this standard, the court will try to determine if a patient with the same medical condition and history would have decided differently about the treatment if they had been told about the risk. A medical malpractice lawyer in Bangor ME such as David Bate will review your case to determine if it meets the standards for a valid lawsuit.
Can a Doctor Use Informed Consent for One Treatment to Perform Another?
If a doctor receives informed consent for a certain procedure and then decides to perform a different procedure, the patient could potentially sue the doctor because of lack of informed consent. Even if the procedure was successful, the patient could still sue the doctor with the help of a medical malpractice lawyer in Bangor ME. A patient only has a case if the different or additional procedure was not necessary or was a mistake. If the doctor finds a serious medical problem and fixes it while doing a different procedure, the patient most likely does not have a case to sue for lack of informed consent.
When You Need a Medical Malpractice Lawyer Bangor ME Locals Recommend
If you believe you were harmed as a result of medical malpractice, you may have legal recourse and be eligible for compensation. Contact David Bate today to request a free consultation with a respected medical malpractice lawyer in Bangor ME.