Patients have the right to make informed decisions about their medical care. Before performing certain procedures or treatments, healthcare providers are generally required to explain important information about the proposed treatment.
When a physician fails to provide this information, and a patient suffers harm, the patient may have grounds for a Philadelphia lack of informed consent claim (which is a subcategory of medical malpractice).
However, proving a lack of informed consent often requires more than simply showing that a bad outcome occurred. You must provide medical records showing the provider failed to provide adequate information or warn about materials before the procedure. You must also show that the undisclosed risk caused harm (usually by expert testimony) and that you would have made a different decision if more information had been provided.
What Is Informed Consent?
Informed consent is the process through which a healthcare provider gives a patient sufficient information to make an educated decision regarding medical treatment.
Depending on the circumstances, physicians may be required to discuss:
- The nature of the procedure
- Material risks and complications
- Expected benefits
- Reasonable treatment alternatives
- The potential consequences of declining treatment
The purpose is to ensure that patients can evaluate their options and decide whether to proceed with medical care.
Proving the Physician Failed to Provide Adequate Information
One of the first steps in an informed consent case is demonstrating that the healthcare provider failed to disclose information that should have been provided before treatment.
Evidence may include:
- Medical records
- Consent forms
- Physician notes
- Hospital records
- Testimony from the patient
- Testimony from family members
- Statements from healthcare providers
A signed consent form does not automatically defeat an informed consent claim. Courts often examine whether meaningful discussions actually occurred between the physician and patient, not just whether a name appears on a dotted line. Judges understand that a patient may sign a form without receiving an adequate explanation of significant risks associated with the procedure.
Showing That a Material Risk Was Not Disclosed
Not every undisclosed detail will support a Philadelphia malpractice claim. Generally, the omitted information must involve a material risk or fact that a reasonable patient would consider important when deciding whether to undergo treatment.
Examples may include:
- Significant surgical complications
- Risks of paralysis
- Risks of permanent nerve damage
- Increased risks of stroke or heart attack
- Potential loss of bodily function
- Serious medication side effects
A patient must also show that the undisclosed risk actually occurred and caused injury. For example, if a physician failed to disclose a substantial risk of permanent nerve damage and the patient later suffered that injury, the omitted risk may be directly connected to the resulting harm. If the injury is unrelated to the undisclosed risk, an informed consent claim may be difficult to establish.
Demonstrating That the Patient Would Have Made a Different Decision
In many informed consent cases, a critical issue is whether the patient would have declined the procedure or chosen a different course of treatment if properly informed.
Evidence supporting this element may include:
- The patient’s testimony
- Medical history and treatment preferences
- Testimony from family members
- Evidence regarding available alternatives
Courts often evaluate whether a reasonable person in the patient’s position would have made a different decision if fully informed of the risks.
Expert Testimony in Informed Consent Cases
Most informed consent cases require testimony from qualified medical experts. Experts may help establish:
- The applicable standard of care
- What information should have been disclosed
- Whether the physician’s disclosures were adequate
- Whether the undisclosed risk caused the patient’s injuries
Without expert testimony, it can be difficult to prove that a healthcare provider failed to satisfy their obligations under relevant medical law/standards.
Contact an Experienced Medical Malpractice Attorney for Help Proving Failure to Obtain Informed Consent
If you believe a physician failed to adequately explain the risks of a procedure and you suffered harm as a result, you should consult an experienced medical malpractice attorney. An attorney can investigate your case and gather the medical evidence and expert testimony needed to show that you weren’t provided with enough information to give informed consent before a harmful procedure.
Contact Morris Wilson Knepp Jacquette, P.C. to schedule a free consultation to learn more about your options for proving an informed consent case.