Memphis Lack of Informed Consent Attorneys
Most medical procedures and surgeries come with at least some sort of assumed risk to the patient. However, it is the responsibility of the medical professionals administering our care to inform us of those risks so that we can make an informed decision about whether to consent to any given procedure. Unfortunately, some doctors and surgeons fail to adequately provide patients with the information they need to make an informed decision.
At John Michael Bailey Injury Lawyers, our Memphis lawyers believe that medical professionals should be held accountable when they fail to obtain informed consent from a patient, particularly when a patient is injured during the procedure. That being said, our firm has the experience and the resources you will need to pursue an aggressive course of legal action against the responsible party.
What is Informed Consent?
Whether you are about to undergo a serious surgery or a basic medical procedure, the state of Tennessee requires that you give consent to your doctor, indicating that you understand all of the risks that are entailed. This consent usually comes in a written document that clearly outlines the risks and benefits of the procedure, which a patient then has to sign. Along with this document, the doctor may also be required to discuss the risks of the procedure verbally, making sure that the patient is fully aware and understands the nature of the treatment. Without this consent, it may be illegal to perform certain treatments.
The only times informed consent is not necessary include:
- Emergency Situations: In an emergency situation, there is often no time to detail the risks of a procedure, especially if performing the treatment will save the patient’s life. For these reasons, many emergency situations do not require informed consent.
- Emotionally Fragile/Unconscious Patients: For emotionally fragile patients, informed consent may not be possible, as such individuals may refuse any treatment. In some cases, a doctor may not need consent. In addition, if a patient is unconscious, and the procedure is needed, informed consent may not be needed.
What needs to be included in Informed Consent?
There are a number of things that must be included in an informed consent document, including:
- The name of the doctor performing the procedure or treatment
- The medical condition being treated
- Details of the risks involved
- Alternative treatments or procedures
- Chances of the procedure’s success
- Time needed to recover
- Cost of procedure
- Whether procedure is likely to be covered by your insurance plan
If an informed consent document does not contain all of this information, an individual may agree to a treatment they would not have otherwise. Without knowing the risks, patients have every right to be angry when they need to deal with prolonged treatment, unnecessary injuries, or any other consequence of the procedure of which they were not aware. More importantly, you may have the right to pursue financial restitution from a negligent medical professional. While a lawsuit may be the last thing on your mind, it is important to remember that this may be your only opportunity to recover the compensation you need to offset the costs of your recovery.
Contact a Lack of Informed Consent Lawyer in Memphis Today
At John Michael Bailey Injury Lawyers, we are committed to helping our clients fight for their rights and against injustice. If you or your loved one suffered due to a lack of informed consent, contact our Memphis legal team to begin building your case and to address any concerns you may have. Call our offices at (866) 537-1881 to learn more today.