The Dangers of a Lack of Informed Consent
When patients go to a doctor or healthcare provider, they put their trust in the professional to know what is best. However, having a relationship with a doctor or provider does not give the provider a unilateral right to make decisions for patients. In fact, patients retain their own autonomy and it is a fundamental tenant of the medical code of ethics that patients must give informed consent before any procedure is performed.
This means that a patient must be told of the risks, told of alternatives and told of the potential outcome both with and without a given treatment before the patient chooses whether to say yes or no. Unfortunately, if a doctor fails in any aspect of obtaining consent- from educating the patient to providing information on risks and alternatives- then a patient cannot make a truly informed decision. The patient may undergo treatment that he/she would not have chosen if he had been more fully informed and may suffer harm as a result.
The consequences of a failure to obtain informed consent will vary depending upon what treatment was performed and what outcome occurred as a result. While informed consent can happen in any medical situation where a doctor doesn’t communicate appropriately, some of the times when a patient may be most at risk as a result of failure to obtain informed consent include the following:
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
-
$100,000 $100k Policy Limit Settlement for Motor Vehicle Accident With Back Injury
Policy Limit Settlement for Motor Vehicle Accident With Back Injury
-
$175,000 $175k for Serious Injury Claim
For a Serious Injury Claim
-
$3,000,000 $3 Million Leg Injury Case Involving Tractor Trailer on I-75
Leg Injury Case Involving Tractor Trailer on I-75
-
$500,000 $500k Settlement for Individual Injured in Accident & Suffered Broken Leg
Settlement for Individual Injured in Accident & Suffered Broken Leg
-
$250,000 $250k for Man Who Suffered Neck Injury in Motor Vehicle Accident
For Man Who Suffered Neck Injury in Motor Vehicle Accident
When a patient is prescribed a drug for “off-label" use.
The FDA approves drugs only for certain specific uses. However, sometimes drugs are believed to be effective at treating other conditions as well. Doctors can sometimes prescribe drugs to treat a different problem than was intended and this is referred to as an “off-labeluse. Using a drug for an off-label use can significantly increase the risk of something going wrong for patients, and yet often they are not fully informed by physicians that they are taking a drug for a different purpose than intended.
When a patient is entered into a clinical trial or subject to experimental treatment.
Patients should always be told when the therapies they are undergoing have not yet been approved or established to be effective.
When a physician fails to explain other alternatives to the course of treatment.
Physicians may do this for any number of reasons, from a lack of knowledge of the other treatment options to a financial incentive for them to push patients towards certain therapies.
These are just three of many examples of situations where a doctor may fail to obtain the informed consent of a patient. In any case, patients who believe their doctors did not live up to the requirement of keeping them informed and involved in their care should consider speaking with an experienced Atlanta medical malpractice lawyer.
-
Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
-
Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
-
Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
-
Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
-
Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
-
No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
-
"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
- Crystal -
"I truly felt they were in my corner and had my best interest at heart."
Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
- Abby C. -
"David Van Sant has been by my side through it all."
I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher!
- Hilary -
"Very knowledgeable, straight forward and communicated with me every step of the way."
I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
- Mark A. -
"From the first phone call to getting my settlement check the customer service was great."
They checked in throughout my care and gave updates as well, the process was truly a breeze! I cant thank you guys enough!
- Tareckia S. -
"We were thrilled with the support from Van Sant."
The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
- Josiah B. -
"My results have been positive & I would highly recommend Van Sant Law to family & friends."
I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
- Karen J. -
"Van Sant Law took care of everything."
Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
- Juan S.
Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
How an Atlanta Medical Malpractice Lawyer Can Help After a Failure to Obtain Informed Consent
Cases involving failure to obtain informed consent can be very complicated. This is true not only because a plaintiff has to show he wasn’t fully informed of his treatment but also because a plaintiff has to show that he was damaged in some way as a result of the lack of consent. If the patient would have acted the same way or accepted the same treatment even knowing all the details, then he did not lose anything as a result of the informed-consent failure and may thus be limited in his ability to recover damages.
An Atlanta medical malpractice lawyer can work to help a patient prove that he was harmed as a result of the doctor or provider’s failure. From gathering evidence of the lack of information the patient received to finding expert witnesses to negotiating a settlement or proving a case in court, Atlanta medical malpractice lawyers can help victims of a failure to obtain informed consent.
If you or a loved one has been injured due to a medical error you need to speak with a medical malpractice attorney as soon as possible. Please contact us online or call our office directly at (800) 234-9556 to schedule your free consultation.
.2410180755550.png){kind=logo}
.2410171551550.png)
