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March 31, 2020 | Gary Burger

Can I Sue for a Doctor Failing to Obtain Consent?

When a traumatic accident happens, there are already dozens of things to worry about - receiving appropriate and reasonable medical care shouldn't be one of them. Yet, there are still cases of medical malpractice involving a doctor's failure to obtain consent from patients before care.

Without being informed of the status of your health, and your rights in this type of situation, it's impossible to make the best, well-educated decision in regards to what health care you'd like.

In this FAQ, we'll discuss what qualifies as a failure to obtain informed consent, your rights if a doctor fails to obtain your consent, and how an attorney can help you sue the negligent doctor or hospital that caused your pain and suffering. If you have questions about why you should hire a medical malpractice lawyer in St. Louis to represent your case or other concerns about your case, call 314-542-2222 or 618-272-2222. We don't charge fees for our consultations, and we never ask for attorney fees unless we recover compensation for your case.

Most Common Types of Failure to Obtain Informed Consent

Nurses, doctors, surgeons, and other medical personnel are required to provide a certain standard of fair and reasonable medical care to all patients. When this level of care isn't provided, and an issue arises, the injured patient can seek compensation for their preventable damages.

In the case of informed consent, before any medical care or treatment, medical personnel are required to inform you of the status of your health, the actions that they can take to help, and obtain informed consent, whether verbally or non-verbally (head nod, in writing, etc.) that shows that the patient agrees to the medical care that they are receiving. Prior to care, your doctor is also required to give you information about the procedure or medication you're being given, including possible dangers/risks, and answer any questions that you might have in regards to your treatment.

If a doctor fails to obtain informed consent, and a medical error occurs, a patient could bring a medical malpractice case against them. Some of the most common medical malpractice cases involving failure to obtain informed consent include:

  • Not obtaining a patient or guardian's verbal or non-verbal consent
  • Providing inadequate or incorrect information regarding a medical procedure or treatment
  • Failing to inform a patient of risks and benefits related to a procedure or treatment, such as medication side effects or post-procedure risks
  • Not informing patients of alternatives to procedures or treatments

It's important to remember that giving consent for one procedure or treatment does not give medical professionals consent to perform other treatments without additional consent. If a doctor does something that you didn't discuss before treatment, and you or someone you love has been injured, you have the right sue the doctor for failing to obtain consent.

How Can I Sue a Doctor for Failure to Obtain Consent?

Like all medical malpractice cases, the more evidence you have to support your claim, the better. If you've been injured because of a medical personnel's failure to obtain informed consent, you need to establish a doctor-patient relationship, provide extensive proof of your injuries (second opinion from another doctor, past medical records, witnesses), and establish a connection between your injuries and the doctor's failure to obtain your consent. It can be challenging to handle all of these steps on your own, much less after being the victim of medical malpractice, but hiring a medical malpractice lawyer to represent your case can make the process easier.

An experienced medical malpractice attorney in St. Louis has the resources needed to establish definite proof of a doctor-patient relationship, collect inarguable evidence of your injuries, and build a strong, clear connection between your injuries and the doctor's negligent actions. The specifics of each case can vary significantly, but the outcome remains the same: to recover the maximum amount of compensation for your undeserved harm and losses.

If you need a medical malpractice lawyer in St. Louis, Burger Law provides the highest quality legal representation to medical malpractice victims in Missouri and Illinois. If you need help gathering proof, establishing a connection between your injuries and the negligent doctor, or help suing a doctor for failure to obtain informed consent, our medical malpractice lawyers in St. Louis can help. Call or contact our attorneys at 314-542-2222 or 618-272-2222 for a free case review. We don't charge fees for our consultations, and we never ask for attorney fees unless we win compensation for your claim.