What is Informed Consent
I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today’s question comes from a caller concerned about the fact that her elderly father was given a chemotherapy drug without his consent, or the consent of the family.
Under the law, a patient must consent to the treatment they receive. A patient’s decision to undergo a particular treatment must be an informed choice.
Healthcare providers must tell a patient the important facts about possible treatments. Before making a choice, a patient has a right to know the nature of a proposed treatment, other available treatments, and the risks involved in the treatment.
To recover damages against a medical provider when the issue is a failure to obtain informed consent, a plaintiff must use expert testimony to prove that a medical provider, using reasonable care and skill under the circumstances, would have informed the patient of the nature of a proposed treatment, other available treatments, and the risks to the patient involved in the treatment.
Keep in mind, that a patient’s consent may be expressed or implied.
“Express consent” means actual, direct, or explicit permission, whether oral or written.
“Implied consent” means permission that is not expressly given, but which the medical provider would reasonably understand from the patient’s conduct and surrounding circumstances.
The caller mentioned that her father was elderly. When the patient is unable to consent to treatment because the patient is a child, is unconscious or is not mentally competent, a medical provider must obtain consent from someone authorized to give consent for the patient.
I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – While there, make sure you request a copy of our book “Fighting for Truth.”
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