Patient Informed Consent for Surgery
If you underwent medical surgery or another outpatient procedure and were not informed of the risk and asked for informed consent prior to doing so, or if you were not informed of the process you were about to undergo, and are now suffering from physical ailments and emotional distress, you may have a claim for damages. Physicians, surgeons and other medical specialists owe a duty of care to their patients and potential patients seeking a second opinion. If the patient has a language barrier or otherwise cannot communicate well, the physician is required to arrange for interpreting services. Under no circumstances should a doctor operate or perform a procedure on a patient who has not provided written and verbal consent for the procedure. If you or a loved one suffered from medical negligence or never consented to a procedure, contact our attorneys at Rocky Mountain Personal Injury Center for a consultation.
What is Informed Consent?
Informed consent is written permission obtained from the patient prior to undergoing a medical procedure. The doctor, nurse or anesthesiologist, and sometimes the entire medical team, must obtain informed consent and verify the procedure with the patient, along with the patient’s identity, prior to rendering medical care. As the American Medical Association states, patients have the right to ask questions about their plan of care and treatment options and seek a second opinion if they are considering surgery or other invasive treatments for a physical ailment or disease. Doctors and other medical staff are encouraged to communicate often with their patients about treatment goals, managing symptoms and recovery timelines. Doctors are expected to explain the risks of potential procedures including surgery prior to scheduling treatment. In an emergency medical situation, if the patient has a designated health care proxy or surrogate, the doctor should ask them how to proceed prior to rendering treatment.
Language and Disability Barriers
Healthcare providers are subject to civil liability if they do not provide a qualified foreign language or sign language interpreter to the patient. This is especially true if failure to provide an interpreter results in breach of the duty to warn of potential complications or side effects or failure to obtain informed consent from the patient. Providers should be documenting in writing if the patient refuses consent or has been provided with an opportunity to review the procedure protocols and declines. The doctor has the authority and choice to decline performing surgery or a medical procedure, and in fact should decline if the patient is unable or refuses to give informed consent for medical treatment. Just as patients are required to sign HIPAA (Health Insurance Portability and Accountability Act ) forms, privacy forms, financial and billing forms and release of information forms, they should also be required to give informed consent in writing prior to rendering of treatment.
If your first language is not English, or if you have a documented disability requiring assistance or an interpreter, and were not provided one in a medical setting, resulting in medical error, you may be entitled to damages. Your potential recovery is dependent on the unique circumstances of your case and whether the doctor’s negligence can be proven as the proximate cause for your sustained injuries. Similarly, if you feel you were discriminated against due to your national origin, background, physical or mental disability, you may also have a personal injury claim with the doctor and the healthcare organization, even if the doctor is not a direct employee.
Schedule a Consultation Today
If you or a loved one sustained injuries as a result of a physician’s negligence, you do not have to suffer alone. If treatment was rendered without your informed consent, the attending doctor, staff, and the medical facility may be civilly liable for damages. You have two years from the date of the injury to file a claim. Do not delay, call our attorneys at Rocky Mountain Personal Injury Center. We are licensed in Idaho, Wyoming and Utah and remain open to serve you.
