Indianapolis Lack Of Informed Consent Malpractice Attorney
If a medical practitioner performs a procedure without the patient’s expressed consent, or if the scope of the procedure goes beyond what the patient had authorized, the doctor may be held liable in a lack of informed consent case. While there are times where informed consent is not necessary, it is required for all pre-planned medical procedures. If you believe a doctor conducted a procedure without your informed consent, our experienced lawyers can help you file a medical malpractice suit. Contact our law offices today to schedule your initial consultation.
What Does Lack Of Informed Consent Mean?
To perform any pre-planned medical procedure, the doctor must first obtain the patient’s consent.
For pre-planned medical procedures, the doctor must provide the patient with:
- An overview of the procedure,
- The purpose of the procedure,
- The expected outcome,
- Risks,
- Suitable alternatives, and
- Ample time to make a decision.
While there are limited circumstances under which informed consent is not necessary, it is required for all pre-planned medical procedures.
Most often, lack of informed consent occurs when a doctor fails to explain some or all risks associated with the procedure. Sometimes, a doctor performs additional, unnecessary or unwanted procedures during surgery without consent. In both circumstances, the patient may experience avoidable harm.
When Can A Doctor Act Without Patient Permission?
There are limited situations where a doctor may act without the patient’s permission:
- If, during an emergency, the patient is unconscious and can be revived.
- If something unexpected happens during a procedure that requires emergency action.
- During routine examinations.
Express And Implied Consent
Express consent typically happens after the patient and doctor’s conversation. The patient agrees to get the procedure and signs paperwork giving his or her express consent for the doctor to operate. Consent may also occur verbally.
Implied consent, however, can include a variety of different factors, including:
- Body language such as nodding.
- Showing up for surgery and having fasted for 24 hours prior.
- Other indications to the doctor that you were understood, expected and prepared for the surgery.
Expressly consenting to a surgical procedure often includes implied consent for any additional treatments or procedures that arise during the surgery.
How We Can Help
Proving a lack of informed consent is often difficult, so it is critical to work with an attorney. If a lack of informed consent has resulted in a personal injury to you or a loved one, our lawyers can investigate the circumstances surrounding your injury. If we find your doctor or surgeon acted without obtaining your consent and thus caused your injury, we can file a medical malpractice claim on your behalf.
To schedule a free consultation, call us at 317-566-9600 (Indianapolis), 765-865-9300 (Bloomington), or 812-566-2600 (Kokomo), or complete our online inquiry form to schedule an appointment* with one of our medical malpractice attorneys who will review your case.