The Importance of Informed Consent in Medicine

Doctors undergo intensive training for a reason: the practice of medicine is extraordinarily complex and difficult, with little margin for error. In most situations, however, they cannot act without a patient's "informed consent." In order for patients' consent to be "informed" and thus valid, they must be able to make a well-informed logical decision. If they agree to the treatment, understanding what it involves, they have given informed consent.

There are a few situations where physicians are allowed to act without official consent. For example, if an unconscious patient is rushed to the hospital without a guardian, relative, or loved one by their side, doctors have the right to take whatever actions are necessary to save the patient's life. If an unconscious patient is brought in with a family member, that relative may be able to give informed consent on behalf of the unconscious person.

However, if a patient has been made unconscious for a procedure, doctors are not allowed to take actions that the patient did not consent to. A surgeon who notices cancerous tissue while performing an unrelated operation is not legally able to remove that tissue without informing the patient. Even though it would require a second surgery to remove the cancer, it can only be removed after the patient gives consent.

Outside of emergency situations, if a patient is not informed of the facts, implications, and consequences of a medical action, the doctor in question can be held responsible for the consequences of acting without consent. While acting without consent is illegal on its own, a physician's conduct is especially egregious when it causes harm.

Patients who have been misled or poorly-informed about their condition and possible treatments have the right to seek justice for their suffering. By learning more about medical malpractice law, patients can understand their rights. For more information, visit the website of the New York City medical malpractice lawyers of Parker Waichman Alonso, LLP.