You may already know that you must give informed consent before undergoing a medical procedure or treatment. Informed consent means that you received proper information about the treatment, its causes and risks before medical treatment.
What is informed consent?
Medical professionals are legally and ethically obligated to get informed consent. Specifically, they must provide you with your official medical diagnosis, the nature and risks of any recommended treatment and information about the nature and risks of alternative treatment. They should also discuss the risks of failing to treat the condition.
Doctors are legally required to provide you the information in plain and easy to understand language. If your doctor provides you with information using medical jargon or complicated terms you do not understand, these terms are likely to protect the hospital, not you. Ask questions and ask for the terms to be explained to you in words you can understand.
You may want to take notes and compare them to the language on the form. Your doctor cannot refuse to answer your questions or clarify information you do not understand.
The informed consent form you are asked to sign acknowledges that you have been told this information and understand it. The form should contain the information described above. Always ask your doctor if there is anything else you should know before signing the form.
You do not always need to sign the form right away
You should be provided with enough time to thoroughly read the form, ask your doctor any questions and obtain satisfactory answers.
You do not need to sign the form when you are given it. You should generally not be given the form immediately before your treatment or procedure, unless it is an emergency circumstance and your life is in jeopardy if you do not obtain immediate treatment.
Otherwise, if you have time before your treatment or procedure, you can ask the doctor if you can take the form with you and review it with an attorney before signing. Always obtain a copy of the form after signing if you need it to file a medical malpractice lawsuit in the future.
The importance of informed consent forms
Informed consent forms are important because of the potential for medical malpractice. Your doctor owes you a duty of care, which means that they should act in your best interest and in good faith.
If your doctor breaches this duty of care and it causes you an injury or additional medical complications, you could have a case for medical malpractice.
Signing an informed consent form does not mean that you are giving up your right to pursue a medical malpractice lawsuit or allowing your doctor to make all future decisions and decide what is best for you.
An informed consent form is meant to acknowledge that you were made aware of the procedure, risks and alternatives and that your questions were answered. It is not giving up any legal rights or allowing your doctor to behave in an unprofessional or unethical manner.
It is vital to understand your rights before signing an informed consent form. Thoroughly understanding the details of any treatment or procedure and the risks involved is essential to protect your health.